


THE NEW 

Direct Primaries Law 


YORK 


NEW 


1911 


LAWS OF 


CHAPTER 891 


nending the Election Law, 
Relation to Nominations and 
Primaries 


Legislature and 
19, 191 1 


Known as the Ferris Law, Passed by the 
Approved by the Governor, October 






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OFFICERS and DIRECTORS of the EAGLE WAREHOUSE AND STORAGE COMPANY 

OFFICERS 

SETH L. KEENEY, President JOHN E. CASSIDY, Vice-President & Mgr. 

HERBERT F. GUNNISON, Secretary and Treasurer 

DIRECTORS 

He Grand Beers 
John McNamee 
J. H. Haddock 


Andrew D. Baird 
John E. Cassidy 
Daniel J. Creem 




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THE NEW 


Direct Primaries Law 


of THE 


STATE OF NEW YORK 


BEING 


CHAPTER 891 OF THE LAWS OF 1911 

AMENDING THE ELECTION LAW IN RELATION 
TO NOMINATIONS AND PRIMARIES 

Known As the Ferris Law, Passed by the Legislature and 
Approved by the Governor Oct. 19, 1911 



OFFICE OF PUBLICATION 
EAGLE BUILDING, BROOKLYN, NEW YORK 


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The New Direct Primaries Law 

CHAPTER 891, LAWS OF 1911. 

An Act Passed by the New York State Legislature Amending the EIccCo: L?w i R bison to 

Nominations and Primaries. 


AN ACT 

To Amend the Election Law, in Re¬ 
lation to Nominations and 
Primaries. 

Chapter 891, Laws of 1911. Became a 
law. October 19, 1911, with the approval 
of the Governor. 

THE PEOPLE OF THE STATE OF 
SEW YORK, REPRESENTED IN 
SENATE AND ASSEMBLY, DO EN¬ 
ACT AS FOLLOWS* 

Section 1. The schedule of articles of 
chapter twenty-two of the laws of nine¬ 
teen hundred and nine, entitled “An act 
in relation to the elections, constituting 
chapter seventeen of the consolidated 
laws,” is hereby amended to read as fol¬ 
lows: 

Article 1. Short title; application; defi¬ 
nitions (sections 1-3). 

2. Enrollment of voters (sections 
4-24). 

3i Party organization (sections 
35-40). 

4. Designation of candidates for 

party nominations or for 
election to party positions 
(sections 45-58). 

4a. Conduct of primary elections; 
canvass of returns (sections 
70-94). 

4b. Conventions (sections 110-114). 

5. Nominations (sections 120-137). 

6. Registration of voters (sections 

150-184). 

7. Boards of elections in cities of 

the first class containing one 
or more counties (sections 
190-201). 

S. Commissioner of elections in 
the county of Erie (sections 
210 - 221 ). 

9. Commissioner of elections in 

the county of Monroe, (sec¬ 
tions 230-242). 

10. Commissioner of elections in 

the county of Onondaga (sec¬ 
tions 250-260). 

11. Commissioner of elections in 

the county of Westchester 
(sections 270-281). 

12. Times, places, notices, officers 

and expenses of elections 
(sections 290-320). 

13. Ballots and stationery (sec¬ 

tions 330-345). 

14. Conduct of elections and can 

vass of votes (sections 350' 
381). 


Article 15. Voting machines (sections 390- 
421). 

16. Board of canvassers (sections 

430-444). 

17. Representatives in congress 

and presidential electors (sec¬ 
tions 450-457). 

18. Metropolitan elections district 

(sections 470-489). 

19. Soldiers’ and sailors’ elections 

(sections 500-522). 

20. Corrupt practices (sections 

540-662). 

21. Laws repealed; when to tak3 

effect (sections 570, 571). 

Sec. 2. The schedule of sections to ar¬ 
ticle one of such chapter is hereby 

amended to read as follows: 


ARTICLE I. 

SHORT TITLE; APPLICATION; DEF¬ 
INITIONS. 

Section 1. Short title. 

2. Application. 

3. Definitions. 

Sec. 3. Such chapter is hereby amend¬ 
ed by inserting in article one thereof a 
new section, to be known as section two, 
to read as follows: 

Application. 

Sec. 2. Except as otherwise herein pro¬ 
vided, articles two, three, four, four-a 
and four-b of this chapter shall be con¬ 
trolling: 

1. On the method of enrolling the voters 
of a party. 

2. On the organization and conduct of 
party committees. 

3. On the method of electing members 
of party committees, and delegates and 
alternates to party conventions. 

4. On the organization and conduct of 
party conventions. 

5. On the nomination by parties of all 
candidates for offices authorized to be 
filled st a general election, or at a spe¬ 
cial election held to fill a vacancy in such 
office, except town, village and school 
district officers, and electors of the presi¬ 
dent and vice president of the United 
States. 

Sec. 3-a. Section two of such chapter, 
as amended by chapter six hundred and 
forty-nine of the laws of nineteen hun¬ 
dred and eleven, is hereby renumbered 
section three, inserted as part of article 
one, and amended to read as follows: 

Definitions. 

Sec. 3. The term used In this chapter 
shall have the signification herein de¬ 
fined unless other meaning is clearly ap¬ 
parent in language or context; 

1. The term “general election” means 


the election held on the Tuesday next 
succeeding the first Monday in November. 

2. The term “official primary” or “offi¬ 
cial primary election” means a primary 
election held by a party for the purpose 
of nominating party candidates for office, 
or for the election of any member of a 
party committee constituted as provided 
in section thirty-five of this chapter, or 
for the election of delegates and alter¬ 
nates to a party convention. An “unoffi¬ 
cial primary” or an “unofficial primary 
election” means any other primary or 
primary election held by a party or in¬ 
dependent body. 

3. The term “primary day” means the 
day upon which an official primary elec¬ 
tion is held, as in this chapter provided. 

4. The term “fall primary” means the 
official primary election held on the sev¬ 
enth Tuesday before the general election. 

5. The term “spring primary” means 
the official primary election held on the 
last Tuesday in March in years when 
a president of the United States is to be 
elected. 

6. The term “unit of representation” 
means any election district, town, ward 
of a city, assembly district, or any other 
political subdivision of the state, re¬ 
spectively, which is the unit from which 
members of any political committee or 
delegates to a party convention shall be 
elected as herein provided. 

7. The term “cutodian of primary rec¬ 
ords” means the officer or board whose 
duty it is by the provisions of this chap¬ 
ter to provide official ballots for general 
elections. 

8. The term "party” means any politi¬ 
cal organization which at the last pre¬ 
ceding election for governor polled at 
least ten thousand votes for any candi¬ 
date for any office nominated by it to 
be voted for by all of the electors of 
the state. 

9. The term “nomination” means the 
selection in accordance with the pro¬ 
visions of this chapter of a candidate 
for office authorized to be filled at a gen¬ 
eral election or at a special election held 
to fill a vacancy in such office. 

10. The term “designation” means any 
method in accordance with the provisions 
of this chapter by which candidate- for 
party nominations, o~ for election a." 
party committeemen or delegates, may 
be named in order that they may be 
placed upon the official ballot for any 
official primary election. 

11. The term "official primary ballot” 
means the ballot prepared, printed and 
supplied for use at an official primary 
election in accordance with the provi¬ 
sion of this chapter. 

12. The term “part^ position” means 
membership in a party committee or the 


Note—Complete text of the General Election Laws was jmblishcd in The Eagle Library No. 44. For th* 
New Levy Election Laiv of 1911, see The Eagle Library No. 166. 












4 


THE NEW DIRECT PRIMARIES LAW 


position of delegate or alternate to a 
party convention. 

13. The term "convention” means an 
assemblage of delegates elected in ac¬ 
cordance with the provisions of this 
chapter representing a political party, 
duly convened for the purpose of nomi¬ 
nating candidates for public office, elect¬ 
ing delegates to other conventions, elect¬ 
ing officers for party organizations, or 
for the transaction of any other business 
relating to the affairs or conduct of the 
party. 

14. The term "committee” means any 
committee chosen, in accordance with 
the provisions of this chapter, to repre¬ 
sent, the members of a party in any 
political subdivision of the state. 

15. The term “independent body” means 
any organization or association or citi¬ 
zens who, by petition, nominate candi¬ 
dates for office to be voted for at a gen¬ 
eral. special or villas election, or town 
meeting, and which, if such independent 
body nominated candidates to be voted 
for at the preceding o-eneral election of 
» governor, did not poll at least ten 
thousand votes for any candidate nomi¬ 
nated by it for any office to be voted 
for by all the electors of the state. 

16. The term "party nomination” means 
the selection by a party or political party 
of a candidate for an office authorized to 
be filled at a general election, or at a 
special election held to fill a vacancy in 
such office, or at a town meeting. 

17. The term "independent nomination” 
means the selection of a candidate by an 
independent body for an office authorized 
to be filled at a general election, or at 
a special election held to fill a vacancy 
in such office, or at a town meeting. 

18. The term “party candidate” or “par¬ 
ty nominee” means a person -who is se¬ 
lected by a party 4r political party to be 
its candidate for an office authorized to 
be filled at a general election, or at a 
special election held to fill a vacancy in 
such office, or at a town meting. 

19. The term "independent candidate” 
or “independent nomine” means a per¬ 
son who is selected by an independent 
body to be its candidate for an office 
authorized to be filled at a general elec¬ 
tion, or at a special election held to fill 
a vacancy in such office, or at a town 
meeting. 

Sec. 4. The schedule of sections of arti¬ 
cle two of such chapter is hereby amend¬ 
ed to read as follows: 


ARTICLE II. 

ENROLLMENT OF VOTERS. 

Section 4. Delivery of enrollment books. 

5. Enrollment books. 

6. Voting booths and enrollment 

boxes. 

7. Enrollment blanks and enve¬ 

lopes. 

8. Delivery of enrollment blanks 

voters who register per¬ 
sonally. 

9. Delivery of enrollment blanks 

to voters where registration 
is not personal. 

10. Enrollment by voters. 

11. Examination, sealing and cus¬ 

tody of enrollment boxes. 

12. Certification and secrecy of en¬ 

rollment where registration 
is personal. 

13. Certification and secrecy of en¬ 

rollment where registration 
is not personal. 

x4. Opening of enrollment box and 
completion or enrollment. 

15. Enrollment in the year nine¬ 

teen hundred and eleven. 

16. Duplicate enrollment books. 

17. Use of duplicate enrollment 

books at unofficial primaries. 

18. Use of original enrollment 

books at official primaries. 

19. Right to enroll and vote at pri¬ 

maries. 

i 20. New enrollment books for 
changed districts. 


Section21. Enrollment books to be public 
records; transcripts of en¬ 
rollment. 

22. Publication of enrollment. 

23. Judicial review of enrollment. 

24. Correction of enrollment with 

respect to persons not in 
sympathy w'th party. 

Sec. 5. Section twenty-two of such 
chapter is hereby renumbered section 
four, inserted as a part of article two 
thereof and amended to read as follows: 

Delivery of enrollment book*. 

Sec. 4. The custodian of primary rec¬ 
ords shall cause to be prepared on or be¬ 
fore the fifteenth day of September in each 
year, original enrollment books to the 
number of two for each election district. 
Such enrollment books shall be so arrang¬ 
ed that the names of all voters of the 
election district may be inscribed there¬ 
in alphabetically. Said books shall be 
delivered by the custodian of primary 
records to the election inspectors of the 
respective election districts immediate¬ 
ly before the first day of registration in 
each year and also in districts wholly 
outside of a city or village having five 
thousand inhabitants or more, to the 
town clerk at least twenty-four hours 
before the first day of registration, who 
shall deliver such enrollment books to 
the inspectors of election of the respec¬ 
tive election districts in his town one- 
half hour before the opening of the polls. 

Sec. 6. Section twenty-three of such 
chapter is hereby renumbered section 
five, inserted as a part of article two 
thereof and amended to read as follows: 

Enrollment books. 

Sec. 5. The enrollment books shall be 
so arranged and printed that there shall 
be twelve columns on each page; the first 
for the enrollment numbers of the vot¬ 
ers; the second for the surnames of the 
voters; the third for the Christian names 
of the voters; the fourth for their resi¬ 
dence addresses; the fifth for the word 
"yes”; the sixth for the name of the 
party, if any. with which the voter shall 
enroll; the seventh for the word "voted” 
in case the voter votes at the spring 
primary; the eighth for a record as to 
challenges in case he is challenged there¬ 
at; the ninth and tenth columns for 
similar entries in case he votes at the 
fall primary; and the eleventh and 
twelfth columns for similar entries in 
case there be a third official primary 
election or an unofficial primary election. 

Sec. 7. Section twenty-five of such 
chapter is hereby renumbered section 
six, inserted as a part of article two 
thereof and amended to read as follows: 

Voting booths nnd enrollment boxes. 

Sec 6. The custodian of primary rec¬ 
ords shall cause at least two voting 
booths of the same kind and description 
as voting booths used at general elec¬ 
tions to be erected in each place of reg¬ 
istration before the first day of registra¬ 
tion in each year, and such booths shall 
be and remain in said places of regis¬ 
tration during the registration at the 
regular meetings for registration during 
that year; and it shall be the duty of 
the custodian of primai'y records to fur¬ 
nish in each voting booth so erected the 
same articles as are required by law to 
be placed therein for a general election, 
which articles shall remain therein dur¬ 
ing such registration. He shall also 
provide in like manner one enrollment 
box in each place of registration of suf¬ 
ficient capacity to hold all the enroll¬ 
ment blanks and envelopes which are to 
be furnished for such place of registra¬ 
tion, which shall be similar to the bal¬ 
lot boxes prescribed by law to be used at 
a general election. He shall also in like 
manner provide at each polling place on 
general election day, in election districts 
wholly outside of a city or village hav¬ 
ing five thousand inhabitants or more, 
two such voting booths, for the enroll¬ 
ment of voters, the needed articles there¬ 


for, and an enrollment box, as above 
provided. 

Sec. 8. Section twenty-six of such 
chapter is hereby renumbered section 
seven, inserted in article two as a part 
thereof and amended to read as follows: 

Enrollment blanks and envelopes. 

Sec. 7. There shall also be prepared 
and distributed by the custodian of pri¬ 
mary records in the manner and at pub¬ 
lic expense as provided in this chapter 
for the furnishing of official ballots, such 
a number of enrollment blanks and en¬ 
velopes for each election district as will 
exceed by two hundred the total number 
of voters registered in such district. The 
enrollment blanks shall be printed on 
white paper, and on the face thereof 
shall be printed the following, or the 
substance thereof, the blanks to be filled 
in in type so far as possible: 

“Primary enrollment for the year..., - .. 

City (or village or town) of. 

county of .; . assembly 

district (or ward or town); .. 

election district; enrollment number 


Name of voter . 

"I.. who have 

placed a mark underneath the party em¬ 
blem hereunder of my choice, do sol¬ 
emnly declare that I have this day reg¬ 
istered as a voter for the next ensuing 
election, (or, if the voter was duly reg¬ 
istered otherwise than personally, that 
"I have this day voted in the above elec¬ 
tion district”) and that I am a qualified 
voter of the election district in which I 
have so registered (or voted), and that 
my residence address is as stated by me 
at the time I so registered (or, if regis¬ 
tration was not personal, a statement 
of the voter’s present address); that. I 
am in general sympathy with the prin¬ 
ciples of the party which I have desig¬ 
nated by my mark hereunder; that it is 
my intention to support generally at the 
next general election, state or national, 
the nominees of such party for state or 
national offices, and that I have not en¬ 
rolled with or participated in any pri¬ 
mary election or convention of any other 
party since the first day of last January. 
The word ‘party’ as used herein means 
a political organization which at the 
last preceding election of a governor, 
polled at least ten thousand votes for 
governor. 

.Party. .Party. 

(Insert emblem.) (Insert emblem.) 



“Make a cross X mark, with a pencil 
having black lead, in the circle under 
the emblem of the party with which you 
wish to enroll, for the purpose of par¬ 
ticipating in its primary elections during 
the next year.” 

The circles underneath the emblems 
shall be one inch in diameter, and in 
them nothing shall be printed. The party 
emblems shall be the same as those 
which were on the ballots for each party 
respectively at the last preceding gen¬ 
eral election, and such emblems shall be 
so arranged on each blank that the em¬ 
blem of the majority party at the last 
preceding general election of a governor 
shall be first, and the other emblems 
shall follow in order in accordance wSin 
the vote cast for such office at such 
election; over each emblem shall be 
printed, in type clearly legible, the name 
of the party represented by such em¬ 
blem. The enrollment blanks shall have 
thereon only the emblems of those par¬ 
ties to which this article is applicable, 
and shall be distributed inclosed within 
the enrollment envelopes having cor¬ 
responding enrollment numbers. The en¬ 
rollment envelopes shall be of such si*# 


















THE NEW DIRECT PRIMARIES LAW 


5 


as to permit inclosure therein, without 
folding, of the enrollment blank, and of 
such weight and texture of paper as to 
make it impossible to read or decipher 
the printed matter on the blank when 
the same is sealed on the inside thereof. 
Nothing shall be printed or written upon 
the enrollment envelopes, except the fol¬ 
lowing words, or the substance thereof, 
blanks to be filled in in type as far as 
possible: 

“Primary enrollment for year . 

City (or village or town) of .; 

county of .; . assembly 

district (or ward or town); . 

election district.” 

Sec. 9. Section twenty-seven of such 
chapter is hereby renumbered section 
eight, inserted as a part of article two 
thereof and amended to read as follows: 

Sec. 8. Delivery of enrollment blanks to 
voters who register personally. When, 
in any political subdivision of the state, 
a voter shall, at any of the regular meet¬ 
ings for registration in any year, present 
himself personally, for registration, to 
the board of election inspectors in any 
election district, his name and residence 
address shall be entered at the proper 
place in the two original enrollment 
books for that district. After he shall 
have been registered as a qualified voter 
for that election district for the next 
ensuing general election, the board of 
election inspectors, or a member there¬ 
of, shall forthwith and before such voter 
leaves the place of registration, ente: - 
his enrollment number, beginning with 
number one for the first voter enrolled 
on the first day, and so on in numerical 
order, opposite his name, in the first col¬ 
umn of the registration books and the en¬ 
rollment books, and shall write the 
name of the voter on the blank having 
tiie enrollment number which shall be 
opposite his name on the registration and 
enrollment books, and shall fill in the 
other blank spaces on the enrollment 
envelope and blank, and shall deliver to 
such voter the enrollment envelope and 
the blank having his name on it. No 
voter shall be given more than two sets 
of enrollment blanks and envelopes in 
any event, nor more than one set unless 
he shall spoil, deface, improperly mark, 
or otherwise destroy the first set given 
him. In case a second set is given him, the 
member of the board of election inspect¬ 
ors in charge of the enrollment books 
shall draw a line through such voter’s 
enrollment number in the first column in 
said enrollment and registration books, 
and shall insert in such space in said 
columns the number which shall be upon 
the new set to be given him, which num¬ 
ber shall always be the lowest number 
of the enrollment blanks and envelopes 
then unused in such election district. 
The procedure specified in this section 
shall also apply to an election district 
comprising territory partly within and 
partly outside of a village in which per¬ 
sonal registration is required. 

Sec. 10. Such chapter is hereby amended 
by inserting therein, as a part of article 
two thereof^ a new section, to be section 
nine thereof, to read as follows: 

Delivery of enrollment blanks to 

voters where registration is not per¬ 
sonal. 

See. 9. When, in any town or village in 
which personal registration by certain 
of the voters is not required, or in an 
election district a part of which com¬ 
prises territory in which such personal 
registration is not required, a voter who 
was not registered personally shall pre¬ 
sent himself to the board of election in¬ 
spectors in any election district for the 
purpose of receiving an official ballot to 
be voted thereat, his name and residence 
shall be entered at the proper place 
in the original enrollment books for that 
district. After he shall have voted, the 
board of election Inspectors, or a member 
thereof, shall forthwith and before such 
voter leaves the polling place, write his 
name on the enrollment blank and en¬ 
velope having the lowest number of tha 


blanks then unused in such election dis¬ 
tinct, shall fill in the other blank spaces 
on such enrollment blank and envelope, 
deliver to him the enrollment envelope 
and the blank having his name on it, 
and enter opposite his name in the first 
column of the registration and enroll¬ 
ment books the number on the blank de¬ 
livered to him. No voter shall be given 
more than two sets n e blanks and envel¬ 
opes in any event, nor more than one 
set, unless he shall spoil, deface, im¬ 
properly mark, or otherwise destroy the 
first set given him. In case a second set 
is given him the member of the board of 
election inspectors in charge or the en¬ 
rollment books shall draw a line through 
such voter’s enrollment number in the 
fir-- 1 column in said registration and en¬ 
rollment books, and shall insert in such 
space in such column the number which 
shall be upon the new set to be sriven 
him, which number shall also be the 
lowest number on the enrollment blanks 
then unused in such election district. 
Enrollment blanks shall be numbered 
consecutively, beginning with the one 
succeeding the last number used on the 
last preceding day of registration. 

Sec. 11. Section twenty-eight of suen 
chapter is hereby renumbered section 
ten, inserted as - nart of article two 
thereof and amended to read as follows: 

Enrollment by voters. 

Sec. 10. Such voter desiring to enroll 
shall then enter a voting booth in said 
place of registration or polling place, 
and, after having closed the door thereof, 
may make a cross X mark with a pen¬ 
cil having black lead in the circle un¬ 
derneath the emblem of the party of his 
selection and thereupon inclose said en¬ 
rollment blank in said envelope and seal 
the same, and, before leaving the place 
of registration or polling place, shall 
forthwith deposit the same in the enroll¬ 
ment- box in said place of registration or 
polling place in the presence of the in¬ 
spectors of election, without in any way 
indicating the party with which he has 
or has not enrolled, and the inspectors 
shall thereupon enter in the enrollment 
books in the fifth column thereor the 
word “yes." If a voter declines to enroll, 
he may return the blank and envelope 
to the inspector in charge of the en¬ 
rollment box, and such inspector shall 
seal said envelope with ‘he blank therein, 
indorse the name of such voter thereon 
and deposit the same in the enrollment 
box; and a like entry shall be made 
opposite his name in the fifth column 
of the enrollment books. The entries in 
the enrollment and registration books 
required by this and the two preceding 
sections shall be made by a member of 
the board designated by the chairman. 

One mark crossing any other mark at 
any angle within the circle shall be 
deemed a cross mark within the meaning 
of this article. 

Sec. 12. Section twenty-nine of such 
chapter is hereby renumbered section 
eleven, inserted as a part of article two 
thereof and amended to read as follows: 

Examination, sealing and custody of 

enrollment boxes. 

Sec. 11. Before the entry of any enroll¬ 
ment number or the delivery of an en¬ 
rollment blank and envelope to any 
voter, in any year, the said enrollment 
box shall be examined by the board of 
election inspectors and when empty shall 
be locked and sealed by them in such a 
manner that should it be opened such 
seal would be broken; and the same 
shall remain so locked and sealed until 
the same shall be opened by the custo¬ 
dian of primary records as hereinafter 
provided. Said boxes shall be in the 
charge and keeping of the custodian of 
primary records at all times except dur¬ 
ing hours of enrollment. 

Sec. 13. Section thirty of such chapter 
is hereby renumbered section twelve, in¬ 
serted as a part of article two thereof 
and amended to read as follows-: 


Certification and secrecy of enroll¬ 
ment where registration is personal. 

Sec. 12. At the close of the last meet¬ 
ing for registration in each year the 
board of election inspectors shall sev¬ 
erally subscribe and verify duplicate 
declarations, one of which shall be 
printed in or attached to each of the 
original enrollment books. Such dec¬ 
larations shall be to the effect that the 
persons shown by such enrollment books 
are the only persons who registered per¬ 
sonally as voters in that district on a»y 
of said days of registration and shall set 
forth the number of the last enrollmeut 
blank used on such last day of registr*- 
tion. Immediately upon the close of each 
day of registration, and before leaving 
the meeting place, the board of election 
inspectors shall publicly inclose the said 
enrollment books, together with ail rec¬ 
ords pertaining thereto, in a sealed en¬ 
velope, upon which shall be written or 
printed in distinct characters the num¬ 
ber of the election district. Such en¬ 
velope shall remain in the custody t»f 
the chairman of the board until tli.# 
meeting on the next day of registration, 
when it shall be publicly opened. Th# 
envelope sealed at the close of the last 
day of registration shall, within twenty- 
four hours thereafter, be delivered to 
the custodian of primary records. Such 
envelope shall remain sealed until the 
next Tuesday following the next ensu¬ 
ing day of general election, except that 
in any election district in which personal 
registration as to certain of the voters 
is not required or comprising territory 
in which such personal registration in 
not required such envelope shall be re¬ 
turned to the board of inspectors before 
the opening of the polls on the day oil 
general election, to be by them opened 
and used and again delivered to the cus¬ 
todian of primary records as prescribed! 
in section thirteen. No member of tha 
board of election inspectors shall make, 
or allow to be made, a copy of, or a 
transcript or statement from, the en¬ 
rollment books. No person shall, ou 
any such days of registration or in tha 
interval between any such day and the 
next ensuing day of general election, re¬ 
veal or disclose the names or number of 
the enrolled voters, or make, publish or 
circulate a list of such names, or of 
any thereof, or do or permit any act by 
which the name of any voter who may 
or may not have enrolled, or the number 
of voters enrolled or not enrolled, shall 
be disclosed. 

Sec. 14. Such chapter is hereby amend¬ 
ed by Inserting therein a new section, to 
be section thirteen thereof, to read as 
follows: 

Certification and secrecy of enroll¬ 
ment where registration is not per¬ 
sonal. 

Sec. 13. At the close of the day 
of general election or on the fol¬ 
lowing day In each year the board 
ot election Inspectors, where personal 
registration as to certain voters i* 
not required, shall severally sub¬ 
scribe and verify duplicate declarations, 
one of which shall be printed on and at¬ 
tached to each of the original enrollment 
books. Such declarations shall be to the 
effect that the persons snown by su^n 
enrollment books whose enrollment num¬ 
ber is higher than the last number used 
on the last preceding day of registration 
are the only persons who voted in that 
district on such general election who 
were not registered personally. They 
shall Inclose such enrollment hooks, to¬ 
gether -with all records pertaining there¬ 
to, in a sealed envelope, upon which 
shall be written or printed in distinct 
characters the number of the election 
district, and shall within forty-eight 
hours after the close of such general 
election deliver the same to the custo¬ 
dian of primary records. Such envelope 
shall remain sealed until the following 
Tuesday. No member of the board of 
election Inspectors shall make, or allow 
to be mode, a copy of or a transcript oir 
statement from the enrollment hooks. 











6 


THE NEW DIRECT PRIMARIES LAW 


Sec. 13. Section thirty-one of such 
chapter is hereby renumbered section 
fourteen, inserted as a part of article 
two thereof and amended to read as fol¬ 
lows: 

Opening of enrollment box ami com¬ 
pletion of enrollment. 

Sec. 14. It shall be the duty of the 
board of inspectors, or one of them, at 
the time of the final delivery of enroll¬ 
ment books, to deliver the enrollment boot 
to me custodian of primary records. All 
enrollment envelopes contained therein 
shall remain in such box, and the said 
box shall not be opened nor snail any 
of the envelopes be opened or removed 
therefrom until the Tuesday following 
toe day of general election In that year. 
Such, box shall then be opened by the 
custodian ot primary records, and the 
envelopes contained therein shall be re¬ 
moved therefrom and opened by said 
custodian, and the name of the party 
designated by each voter under such dec¬ 
laration shall be by said custodian en¬ 
tered against the name of such voter in 
the sixth column of the enrollment books 
for the election district in which such 
voter resides. Such enrollment shall be 
completed before the succeeding fifteenth 
day of Fbruary in each year. If cross 
marks are found in more than one of the 
circles, or if no cross marks are found 
lu any of the circles, on any enrollment 
blank, the voter who used the enrollment 
blank thus deficient shall not be deemed 
to be enrolled, and words indicating the 
reason why such enrollment is not tran¬ 
scribed shall be entered in said sixth 
column of the enrollment books against 
the name of such voter. When all of the 
enrollments shall be transcribed from 
the blanks to the enrollment books, the 
custodian of primary records shall sub¬ 
scribe and verify duplicate declarations, 
one of which shall be printed in or at¬ 
tached to each of the original enrollment 
hooks, which declaration shall be to the 
effect that he has correctly and properly 
transcribed the enrollment Indicated on 
the blank of each voter to the enrollment 
books, as herein provided. 

Sec. 16. Such chapter is hereby amend¬ 
ed by inserting therein a new section, 
to be section fifteen thereof, to read as 
Iwitows: 

Enrollment In the year nineteen hun¬ 
dred and eleven. 

Sec. 15. In each election district of 
the state where no enrollment of the 
teembers of political parties was required 
to be made in accordance with the pro¬ 
visions of the election law in the year 
nineteen hundred and eleven, the boards 
of primary inspectors shall meet in their 
election districts respectively from 
twelve o’clock noon until nine o’clock 
post meridian on the first and second 
Tuesdays of December, nineteen hundred 
and eleven, for the purpose of making 
such enrollment. The members of said 
boards shall receive the same compen¬ 
sation as for a day of registration and 
such compensation shall be paid to them 
by the same officials and in the same 
manner as for a day of registration. 
Such boards of primary Inspectors at 
■uoh meetings shall make an enrollment 
of party voters in the manner herein 
prescribed. In the election districts 
where there has been no party enroll¬ 
ment they shall place upon the enroll¬ 
ment books the names of all voters who 
ehall appear In person before the said 
board and fill out and file with It an en¬ 
rollment blank which shall be printed in 
substantially the same form as the 
blanks prescribed In section seven of 
this act. At the conclusion of shch en¬ 
rollment on the second Tuesday of De¬ 
cember the same boards of primary In¬ 
spectors shall cause to be mailed to their 
several post-office addresses enrollment 
blanks to all voters whose names ap¬ 
pear upon the registration lists but not 
upon the enrollment books, with the fol¬ 
lowing Instructions printed across the 
top thereof; “Fill out and return on or 
before the first Tuesday In January, nine-, 


teen hundred and twelve, to. 

chairman board of primary inspectors, 

town of.. or . 

election district, . (here 

insert the number of the assembly dis¬ 
trict or ward or the name of the town 

or village If any) at . 

(here insert the post-office address, with 
street and number, if any, of chairman 
of the board of primary inspectors).” 
The names of enrolled voters contained 
in such blanks as shall be mailed on or 
before the first Tuesday in January, nine¬ 
teen hundred and twelve, and when re¬ 
ceived by the chairman of the board of 
primary inspectors, shall be added to the 
enrollment books. The names of pariy 
voters thus enrolled shall be added and 
arranged alphabetically upon the enroll¬ 
ment books and such enrollment books 
on and after the second Tuesday in Jan¬ 
uary, nineteen hundred and twelve, shall 
thereupon become the enrollment book 
for the primary elections to be held in 
the year nineteen hundred and twelve 
and shall be subject to the provslons 
of this chapter applying to enrollment 
books of party voters. The enrollment 
books and blanks for the enrollment of 
party voters required by this chapter to 
be printed by the custodian of primary 
records, shall be furnished In the year 
nineteen hundred and ele>en on or before 
the last Tuesday in November of said 
year. 

Sec. 17. Section thirty-six of such chap¬ 
ter is hereby renumbered section sixteen, 
inserted as a part of article two thereof 
and amended to read as follows: 

Duiklloute enrollment books. 

Sec. 16. The custodian of primary rec¬ 
ords shall annually provide a true copy, 
duly certified, for each party of so much 
of the said enrollment books as will give 
the names, addresses and political af¬ 
filiation of each voter. The said cus¬ 
todian shall, in the month of February 
of each year, deliver one such certified 
copy to the chairman of the proper gen¬ 
eral committee of each such party. Such 
certified copies shall conform in all re¬ 
spects to the form of the original enroll¬ 
ment books, or to the portion transcribed, 
as the case may be. The custodian of 
primary records shall certify to such 
chairman that each such copy is a cor¬ 
rect transcript from the original enroll¬ 
ment book, made during the days of reg¬ 
istration of voters for or at the preceding 
general election. 

Sec. 18. Section thirty-seven of such 
chapter is hereby renumbered section 
seventeen, inserted as a part of article 
two thereof and amended to read as fol¬ 
lows: 

Use of duplicate enrollment books at 

unofficial primaries. 

Sec. 17. At all unofficial primary elec¬ 
tions of a party, the certified copy of the 
enrollment books shall be used, and no 
voter shall be allowed to take part in 
such primary election as a resident of 
an election district, unless his name is 
upon the certified copy of the enrollment 
book for that district, showing that he is 
enrolled with the party In whose primary 
election he seeks to participate. 

Sec. 19. Section thirty-eight of such 
chapter is hereby renumbered section 
eighteen and Inserted unchanged as a 
part of article two thereof, to read as 
follows: 

Use of original enrollment books at 

official primaries. 

Sec. 18. The original enrollment books 
shall be used at all official primary elec¬ 
tions, and shall be delivered by the cus¬ 
todian of primary records to the proper 
boards of election inspectors immediate¬ 
ly before the opening of the polls on each 
official primary day, and shall be re¬ 
turned to such custodian forthwith, after 
the completion of the canvass of the 
votes. Such enrollment books shall go 
into effect on the first day of January 
following the days of registration on 
which they are begun, and shall, with 


any additions or changes made as herein 
provided, remain in force until the first 
uay of the following January, when they 
shall be superseded by the new enroll¬ 
ment books, as herein provided. 

Sec. 20. Section thirty-nine of such 
chapter is hereby renumbered section 
nineteen, inserted as a part of article two 
thereof and amended to read as follows: 

Right to enroll ami vote ut primaries. 

Sec. 19. No voter who has once enrolled 
in a political party shall be permitted 
to enroll in another political party be¬ 
fore the first day of the next registration. 
Only voters enrolled as provided in this 
article shall be entitled to participate in 
the official primary elections of their re¬ 
spective parties. No voter shall take 
part in any primary election of any party 
other than the party in which he shall 
at the time be enrolled. 

Sec. 21. Section forty of such chapter 
is- hereby renumbered section twenty, In¬ 
serted unchanged as a part of article two 
thereof, to read as follows: 

New enrollment books for changed 

districts. 

Sec. 20. In case, in the interval between 
the days of registration and an official 
primary day in the succeeding year, a 
new election district shall be created, <.r 
the boundaries of an election district, or 
the number of any ward or assembly dis¬ 
trict, shall be changed, the custodian of 
primary records shall, at least thir.y 
days prior to such official primary day, 
prepare two new enrollment books for 
such district, or properly renumber the 
enrollment hooks for such ward or as¬ 
sembly district, which enrollment book 
shall be in the same form and exhibit the 
same facts as the enrollment books then 
in force in the territory comprised with¬ 
in such new or changed district, or re¬ 
numbered ward or assembly district, but 
shall contain only the names of all the 
voters, who as shown by the enrollment 
books then in force in such territory are 
the enrolled voters of the respective po¬ 
litical parties resident within such new 
or changed election district, or renum¬ 
bered ward or assembly district. And in 
that event such new enrollment books 
shall supersede the enrollment books 
then in force in such territory, and the 
custodian of primary records shall be 
charged with the same duties concerning 
the same and any duplicate sets thereof 
or transcripts therefrom as are herein 
provided for with respect to the enroll¬ 
ment books begun on the days of regis¬ 
tration. 

Sec. 22. Section forty-one of such chap¬ 
ter is hereby renumbered section twenty- 
one, inserted as a part of article two 
thereof and amended to read as follows: 

Enrollment books to be public rec¬ 
ords; transcripts of enrollment. 

Sec. 21. The enrollment books herein 
provided for and any declaration filed on 
enrollment shall be public records, and 
shall be open to inspection and copying 
at any time by any person, except for 
the period during which they are re¬ 
quired to remain sealed as herein pro¬ 
vided. It shall be the duty of the cus¬ 
todian of primary records to certify to 
the correctness of any transcript of such 
enrollment books, or of any part there¬ 
of, on the payment of one cent for every 
twenty names contained in th© transcript. 
Wherever the custodian of primary rec¬ 
ords Is a salaried officer, the fees re¬ 
ceived by him for certifying such tran¬ 
scripts shall be paid Into the public 
treasury. Such a certified transcript, con¬ 
taining the name and showing the enroll¬ 
ment of any voter, shall be sufficient evi¬ 
dence of such enrollment. The custodian 
of primary records shall give to any 
voter enrolled or transferred as in this 
article provided, a certificate of enroll¬ 
ment or of transfer, which shall specify 
the name of the party with which he is 
enrolled, the date of enrollment or trans¬ 
fer, and the election district In which 
such voter Is enrolled. Declarations aal 
enrollment blanks filed by voters shall 
be public records and shall be kept on 
















THE NEW DIRECT PRIMARIES LAW 


7 


file until one year thereafter. No person 
shall be required to enroll, nor shall his 
failure to do so affect his right to regis¬ 
ter for the purpose of voting at iny 
election. 

Sec. 23. Section forty-two of such chap¬ 
ter is hereby renumbered section twenty- 
two. inserted as a part of article two 
Thereof and amended to read as follows: 

Publication of enrollment. 

Sec. 22. The public officer or board at 
the time charged with the duty of pub¬ 
lishing the registration lists of voters in 
a city or county shall, between the fif¬ 
teenth day of December and the fifteen 
day of February, cause to be published 
in the city of New York for each assem¬ 
bly district, in each other city for each 
ward and elsewhere for each town, in 
pamphlet form, and at public expense a 
transcript of the enrollment books of 
each election district in such city or 
county, omitting all entries except the 
names, the residence addresses, and the 
party, if any, recorded opposite the re¬ 
spective names. The custodian of pri¬ 
mary records shall provide such tran¬ 
script for publication. 

Sec. 24. Section forty-three of such 
chapter is hereby renumbered section 
twenty-three, inserted as a part of article 
two thereof and amended to read as fol¬ 
lows: 

Judicial review of enrollment. 

Sec. 23. If any statement in the declar¬ 
ation of any person, on the evidence of 
which his name was enrolled in the origi¬ 
nal enrollment books for any election dis¬ 
trict by the custodian of primary rec¬ 
ords, or if any entry opposite the name 
of any person in such enrollment books 
is false, or if any person enrolled in such 
enrollment books has died, or has re¬ 
moved from or no longer resides in such 
election district, any voter of the assem¬ 
bly district in which such election dis¬ 
trict is located (provided such voter is 
himself duly enrolled with the same po¬ 
litical party with which the person, as to 
whom the application is made, was en¬ 
rolled) may present proof thereof by affi¬ 
davit to the supreme court, or to any 
justice thereof, in the judicial district, 
or to a county judge of the county, in 
which such election district is located. 
And thereupon such court, justice or 
Judge shall make an order requiring the 
person against or as to whom the pro¬ 
ceeding is instituted, unless he is shown 
to have died, as hereinafter provided, to 
show cause before such court, justice or 
judge, at time and place specified in 
such order, why his name should not be 
stricken from such enrollment book. Such 
order shall be returnable on a day at 
least ten days before a primary election, 
and a copy thereof shall be served on 
the person against whom the proceeding 
is instituted and on the custodian of pri¬ 
mary records at least forty-eight hours 
before the return thereof, either person¬ 
ally or by depositing the same in the 
post-office of the city in which such 
election district Is located, in a postpaid 
wrapper or envelope addressed to the 
custodian of primary records at his office, 
and to such person by his name at his 
present address, if known, and otherwise 
at the address which appears in the en¬ 
rollment books for such election district. 
If the person as to whose name the ap¬ 
plication is made is claimed to be dead, 
the order to show cause hereinabove pro¬ 
vided for shall be directed to the cus¬ 
todian of primary records, and service 
thereof need only be made upon such 
custodian of primary records, such serv¬ 
ice to be made in the manner hereto¬ 
fore in this section specified; but an 
order requiring the custodian of primary 
records to show cause why the name of 
a person claimed to be dead should not 
be stricken from the enrollment books 
shall not be made unless the affidavit 
presented to the court, justice or judge 
by the voter instituting the proceeding 
■hall state that such voter has personal 
knowledge of the death of the person 


with respect to whose name the applica¬ 
tion is made and unless such affidavit is 
substantiated either by a certificate of 
the health department or by other com¬ 
petent evidence of such death. The 
custodian of primary records shall pro¬ 
duce before the court, justice or judge, 
the original enrollment declaration sub¬ 
scribed by the person against or as to 
whom the proceeding is instituted. The 
court, justice or judge shall hear the per¬ 
sons interested, and if it appears by 
sufficient evidence that any statement in 
the declaration of the person against 
whom the proceeding is instituted, on the 
| evidence of which he was enrolled by the 
custodian of primary records, or any 
statement opposite his name in the orig¬ 
inal enrollment books, is false, or that 
such person is dead or has removed from 
or no longer resides in the election dis¬ 
trict for which he is enrolled, shall or¬ 
der the name of such person stricken 
from the enrollment books, except as 
hereinafter provided. If at such hearing 
the person against whom the proceeding 
is instituted shall produce evidence that 
the custodian of primary records has in¬ 
correctly copied into the enrollment 
books the data contained in the declara¬ 
tion of such person, and that if correctly 
copied such person would be entitled to 
be enrolled in such election district, such 
order, instead of requiring his name to 
be stricken from the enrollment books, 
shall require the correction of the enroll¬ 
ment books in accordance with such evi¬ 
dence. In either case the order shall re¬ 
quire the custodian of primary records to 
strike such name from the enrollment 
books, or to otherwise correct such en¬ 
rollment books in accordance with such 
order. Upon the correction of such en¬ 
rollment books in accordance with such 
order, the custodian of primary records 
shall certify such correction to the chair¬ 
men of the general committee of each 
party to whom a duplicate set of enroll¬ 
ment books has been delivered in pursu¬ 
ance of section sixteen of this chapter. 

Sec. 25. Section forty-four of such 
chapter is hereby renumbered section 
twenty-four, inserted as a part of article 
two thereof and amended to read as 
follows: 

Correction of enrollment with respect 


to persona 
party. 

not 

in 

sympathy with 

Sec. 24. 

If 

any 

person is not 

in 

sympathy 

with 

the 

principles 

of 


the political party with whiqji such 
person is enrolled, any voter of the 
assembly district in which such elec¬ 
tion district is located (provided such 
voter is himself duly enrolled with the 
same political party with which the per¬ 
son as to whom the application is made 
was enrolled) may present proof thereof 
by affidavit to the chairman of the county 
general committee of the political party 
with which the voter enrolled, and the 
chairman of such county general 
committee shall issue a notice re¬ 
quiring the person against or as to 
whom the proceeding is instituted to 
show cause before such chairman of the 
county general committee, or a subcom¬ 
mittee appointed by such chairman, at 
a time and place specified in such notice 
why his name should not be stricken 
from such enrollment books. Such notice 
shall be returnable on a day at least 
fifteen days before a primary election, 
and a copy of the affidavit shall be served 
on the person against whom the pro¬ 
ceeding is instituted and on the cus¬ 
todian of primary records at least forty- 
eight hours before the return thereof, 
either personally or by depositing the 
same in the postoffice, of the city in 
which such election district is located, in 
a postpaid wrapper or envelope addressed 
to the custodian of primary records at 
his office, and to such person by his name 
at his present address, if known, and 
otherwise at the address which appears 
in the enrollment books for such elec¬ 
tion district. The chairman of such com¬ 
mittee shall in his discretion personally 


hear the persons Interested in the pro¬ 
ceeding or appoint a subcommittee to 
take testimony, and in such event the 
action of the subcommittee shall not be 
final unless approved of by the chairman 
of such county general committee, and if 
it appears by sufficient evidence that 
such person is not in sympathy with the 
principles of the political party with 
which such person enrolled, the chairman 
of the county general committee shall 
cause to be filed a certificate with the 
board of elections or with the custodian 
of primary records setting forth reasons 
why the name of such person shall toa 
stricken rfom the enrollment books, to¬ 
gether with a record of the proceedings 
had in the matter. It shall be the duty 
of the board of elections or the cus¬ 
todian of primary records to make ap¬ 
plication to the supreme court or to any 
justice thereof in the judicial district, 
or to a county judge of the county, in 
which such election district is located, 
for an order requiring the person against 
or as to whom the proceeding is in¬ 
stituted to show cause before such court, 
justice or judge, at a time and plane 
specified in such order, why the decision 
of the chairman of such county general 
committee should not be confirmed. Such 
order shall be returnable on a day at 
least five days before a primary election, 
and a copy thereof shall be served on 
the person against whom the proceeding 
is instituted at least forty-eight horn's 
before the return thereof in the mannqr 
hereinbefore provided. The said court, 
justice or judge shall have power to 
examine fully into the proceedings taken 
before such chairman or subcommittee 
arid to receive affidavits or other evi¬ 
dence as to the manner in which such 
proceedings were conducted, and shall 
determine whether or not said proceeding 
was fairly conducted and the finding made 
therein was made upon sufficient grounds 
upon the merits, and he may approve 
or disapprove such finding as shall seera 
to him to be required to do substantial 
justice to the party against whom the 
proceeding was instituted and without 
regard to technical requirements. The 
court, justice or judge upon approving 
of the finding of the chairman of such 
county general committee shall issue am 
order to the board of elections or tm 
the custodian of primary records requir¬ 
ing the name of the voter to be stricken 
from the enrollment books 
.Sec. 26. The schedule of sections t# 
article three of such chapter is hereby 
amended to read as follows: 


ARTICLE III. 

PARTY ORGANIZATION. 

Sec. 35. Party committees. 

36. State committee. 

37. Election of members of com¬ 
mittees. 

38. Organization and rules of com¬ 
mittees. 

39. Review of election of commit¬ 
tees. 

40. Removal of member of commit¬ 
tee. 

Sec. 27. Such chapter is hereby amended 
by inserting in article three thereof six 
now sections, to be known as sections 
thirty-five, thirty-six, thirty-seven, thir¬ 
ty-eight, thirty-nine and forty, to read as 
follows: 

Party committees. 

Sec. 35. Party committees shall consist 
of a state committee, judicial district 
committees, congressional district com¬ 
mittees, senatorial district committees, 
assembly district committees, county 
committees, city committees, borough 
committees, aldermanic district commit¬ 
tees, municipal court district commit¬ 
tees, together with such subcommittees, 
or executive or campaign committees* 
appointed by such state or other com¬ 
mittees as herein provided for, and als» 
such other committees as may be pra* 








3 


THE NEW DIRECT PRIMARIES LAW 


vided for by the rules and regulations of 
the party desiring such additional com¬ 
mittees. 

State committee. 

Sec. 36. The state committee shall con¬ 
sist of such number, and elected from 
such units of representation, in even 
numbered years as the respective parties 
shall provide, by rules and regulations 
adopted at a state convention at which 
state officers are nominated. Until tho 
adoption of such rules and regulations by 
a party, the number of members of a 
state committee and the units of repre¬ 
sentation therefor, shall continue as 
they now exist under its present rules 
and regulations. If in a unit of repre¬ 
sentation no candidate for member of 
the state committee receive a majority 
of all the votes cast for such position 
the delegates to the state convention 
therefrom shall elect a state commit¬ 
teeman therefor. 

Each member of the state committee 
shall be a resident of the unit of repre¬ 
sentation he is elected to represent, and 
shall hold office until his successor shall 
have been elected. 

In a year when a president is to be 
elected members of the state committee 
shall be elected at the spring primary 
or by the delegates to the state conven¬ 
tion elected thereat, as the case may be, 
and shall hold office until the election of 
their successors in the second year 
thereafter. 

In case of the death, declination, dis¬ 
qualification or removal from office of a 
member of the state committee or the 
failure to elect a member as by reason 
of a tie vote, the vacancy in the stace 
committee caused thereby shall be filled 
by the remaining members of the state 
committee. The state committee of each 
political party shall have power and au¬ 
thority to designate the time and place 
of holding the state convention of such 
political party, and shall have authority 
to fill all vacancies caused by the death, 
declination or disqualification of any 
candidate who is nominated by the state 
convention, or if any certificate of 
nomination is found to be de¬ 
fective, or not wholly void, to make 
and file a new certificate with the sec¬ 
retary of state, such nominations to fill 
vacancies or the making of new certifi¬ 
cates to cure irregularities in those 
formerly filed, to be done and performed 
in the manner provided for in section 
one hundred and thirty-five of this act 
as to vacancies in nominations for pub¬ 
lic office or curing defects in certificates 
of nominations. 

Election of inemhera of committed). 

Sec. 37. Members of the st'aie, county, 
Judicial, senatorial district, congression¬ 
al district, assembly district, city, bor¬ 
ough, aldermanic district and municipal 
court district, shall be elected at prim¬ 
ary elections as herein provided for. 

In the year nineteen hundred and 
twelve, members of all committees shall 
be elected at the spring primary, ex¬ 
cept in the city of New York, where they 
6hall be elected in the fall primary. 
Members of the county committee shall 
consist of such number and elected from 
such units of representation as the rules 
and regulations of the narty may provide, 
excepting that there shall be at least one 
member of such committee from each 
election district in the county. 

Where a judicial district, senatorial 
district, congressional district, assembly 
district, aldermanic district, municipal 
court district, city or borough is coter¬ 
minous with or less than the limits of 
but wholly within an entire county, the 
members of the county committee from 
such judicial district, senatorial district, 
congressional district, assembly district, 
aldermanic district, municipal court dis¬ 
trict. city or borough, shall constitute 
the judicial district, senatorial district, 
congressional district assembly district, 
aldermanic district, municipal court dis¬ 
trict, city or borough committee, unless 


otherwise provided for by the rules of 
the party. 

If a judicial, congressional or senato¬ 
rial district consist of more than one 
county, the judicial, congressional or 
senatorial committee shall be composed 
of three members from each assembly 
district and each portion of an assem¬ 
bly district comprised within such judi¬ 
cial, congressional or senatorial district 
and each such assembly district or por¬ 
tion of an assembly district shall be en¬ 
titled to at least one vote in such com¬ 
mittee, and if the vote cast in such as¬ 
sembly district, or portion thereof, for 
the candidate of the party, for governor, 
at the preceding election, exceed one 
thousand, to an additional vote for each 
one thousand votes or major portion 
thereof, and the membe” elected from an 
assembly district, or such portion there- i 
of, shall be entitled to cast the vote of j 
such assembly district or portion thereof J 
in equal '-’'ares. For the purposes of j 
this act. the counties of Fulton and j 
Hamilton shall be deemed to be one ■ 
county. 

Organization and rule* of committees, j 

Sec. 38. Every party committee. | 
including the state committee, shall ] 
within ten days after their elec¬ 
tion meet and organize by the 
election of a chairman, treasurer and 
secretary, and such other officers as its j 
rules may provide, and within three days 
file with the secretary of state and the 
board of elections of the county a cer¬ 
tificate stating the names and post office 
addresses of such officers. Every party 
committee shall have the power to desig¬ 
nate and appoint such subcommittees as 
it deems proper, including a committee 
to conduct a campaign or election for 
such party, which committees may be 
composed, in whole or in part, of persons 
not members of the committee by whom 
they are appointed. 

Each committee may, and each state 
and county committee must, prepare rules 
and regulations for the government of 
the party and the conduct of the official 
primaries within its political subdivision, 
which may include the payment of dues. 
Within three days after the adoption of 
such rules and regulations a certified 
copy of the same shall be prepared and 
filed by the secretary with the custodian 
of primary records for the political ~ub- 
division with whom the name of such 
committee was filed. Such rules shall 
continue to be the rul^s and regulations 
for the committee until they are amended 
or new rules adopted. Such rules and 
regulations may be amended from time 
to time by a majority vote of the com¬ 
mittee upon the following notice: 

A copy of the proposed amendment 
shall be sent with the notice of the 
( meeting at which such amendments are 
to be proposed, such notice to be not 
less than five days before such meeting, 
and to be mailed to the post-office ad¬ 
dress of each member of the committee. 
Until the adoption of such rules and reg¬ 
ulations, the rules and regulations of 
the existing committee, so far as con¬ 
sistent with this chapter, shall continue 
to be the rules and regulations of the 
party for that political subdivision. 

Review of election of eommltteeii. 

Sec. 39. The election of members to 
any party committee may be reviewed 
by summary proceedings before the su¬ 
preme court or a justice thereof, as pro¬ 
vided for in section seventy of this act, 
upon the petition of any person qualified 
to vote at the primary election of the 
party which such committee represents. 
Removal of member of committee. 

Sec. 40. A member of a party commu¬ 
te may be removed by such committee, 
for disloyalty to the party or corruption 
in office, after notice and a hearing upon 
written charges, to be heard by the com¬ 
mittee or a subcommitte thereof appoint¬ 
ed for that purpose, which shall report 
its findings to the full committee. The 
action of any committee in removing a 
member, thereof as herein provided for 


may be reviewed in a summary proceed¬ 
ing before the supreme court or by * 
justice thereof, upon a petition of the 
person so removed. 

Sec. 28. The schedule of sections to 
article four of such chapter is hereby 
amended to read as follows: 

. • ; s .: / 

AKTICLE IV. 

DESIGNATION OF CANDIDATES FOR 

PARTY NOMINATIONS OR FOR . 

ELECTION OF PARTY 
POSITIONS. 

Section 45. Direct nomination of candi¬ 
dates for certain public of¬ 
fices; election of delegate*; 

eligibility. 

46. Designations by party com¬ 

mittees. 

47. Meetings of committees for 

purposes of designation. 

48. Designation by petition . 

49. Filing of designations. 

50. Declination by person desig¬ 

nated. 

51. Certification by secretary of 

state. 

52. Vacancies, how filled. 

53. Delegates to national con¬ 

ventions. 

54. Presidential electors. 

55. Existing committees contin¬ 

ued. 

56. Contests; Judicial review. 

57. Emblems. 

58. Official primary ballot. 

Sec. 29. Such chapter is hereby amend¬ 
ed by inserting in article four thereof 
thirteen new sections, to be known as 
sections forty-five, forty-Bix, forty-seven, 
forty-eight, forty-nine, fifty, fifty-one, 
fifty-two, fifty-three, fifty-four, fifty-five, 
fifty-six, fifty-seven and fifty-eight, to 
read as follows: 


Direct nomination of candidates for 

certain public offices ; election of del¬ 
egates; eligibility. 

Sec. 45. Except as otherwise provided in 
this act: 1. Party nominations of candi¬ 
dates for a public office can only be made 
by a convention or at a primary of the 
political party. 

2. Party nominations for officers to be 
voted for by all the voters of the state 
shall be made by conventions composed of 
delegates selected in the manner provid¬ 
ed for in this article. 

3. Party nominations for an office to be 
voted for by all the voters of the state, 
in a year when a governor of the state is 
not to be elected, or to fill vacancies 
caused by the death, declination or dis¬ 
qualification of the person nominated for 
an office at a state convention, shall be 
made by the state committee of the re¬ 
spective parties, unless otherwise provld- 
ee for by the rules and regulations made 
by the state convention of the party de¬ 
siring such nominations or the filling of 
vacancies to be otherwise made. 

4. All other nominations and elections 
by a political party, both for party nomi¬ 
nations and party positions, shall be 
made at the primary election herein pro¬ 
vided for except that party nominations 
for town, ward and village officers and for 
the office of school director shall be mads 
in the manner prescribed by rules to be 
adopted by the party committee of the 
county wherein such town, village or 
school district is located, and of the city 
committee wherein such ward is located. 

5. Party nominations for an office to be 
voted for at a special election shall be 
made in the manner prescribed bv the 
rules and regulations of the respective 
parties. 

6. Candidates for party nominations to 
be made at the primaries and for elec¬ 
tion to party positions shall be designated 
either: 

a. By party committees, organized and 
acting as by this chapter provided; or 

b. By petition, as in this chapter pro¬ 
vided. 

A person shall not be a candidate tor 











THE NEW DIRECT PRIMARIES LAW 


9 


delegate to the state convention of a 
party or eligible for the position of dele¬ 
gate unless he is an enrolled voter of 
the party within the county containing 
the unit of representation for which such 
position is to be filled. 

Designations by party committees. 

Sec. 46. 1. The respective committees of 
each party, constituted as herein provid¬ 
ed, may designate candidates for partj 
nominations for public office to be placed 
upon the official primary ballot in ac¬ 
cordance with the provisions of this chap¬ 
ter, as follows: 

Each congressional district committee, 
for representative in congress; 

Each senatorial district committee, for 
state senator; 

Each judicial district committee, for 
justice of the supreme court; 

Each assembly district committee, for 
member of assembly; 

Each county committee, for county offi¬ 
cers, and in the county of New York also 
for judges of the court of general ses¬ 
sions, and for justices of the city court 
of the city of New York; 

Each city committee, for city offices to 
be filled by the voters of the entire city; 

Each borough district committee, in 
a city containing more than one million 
inhabitants, for borough offices; 

Each municipal court district commit¬ 
tee, in a city containing more than one 
million inhabitants, for justices of the 
municipal court in said city; 

Each aldermanic district committee, in 
a city containing more than one million 
inhabitants, for alderman. 

A candidate for party nomination to 
public office required to be made by di¬ 
rect vote of the enrolled party voters, 
whose designation by a party committee 
is not hereinbefore provided for, may 
be designated by any other committee 
created and organized and upon which 
such power is conferred by the rules and 
regulations of the party. 

2. Candidates for election as delegates 
to the state convention of a party may 
b“ designated by the committee of the 
political subdivision constituting the unit 
of representation of delegates thereto. 

3. A candidate for election as member 
of the state committee may be designated 
by the committee for the district from 
which he is elected. A candidate for 
election as member of a committee may 
be designated either by the member or 
members thereof from the same unit of 
representation or by such other commit¬ 
tee, chosen by the enrolled party voters 
within such unit, as the rules and regu¬ 
lations of the party may prescribe, but 
any such rule or regulation, properly au¬ 
thenticated, shall be filed with the cus¬ 
todian of primary records at least tw'en- 
ty days before any such designation is 
made. 

4. Designation by party committees of 
candidates for party nominations or fox 
party positions shall be made in the 
manner provided in this article and not 
otherwise. 

Meetings of committee for pnrposes 

of designation. 

Sec. 47. 1. Time of meetings. For the 
purpose of designating candidates such 
committees shall meet not earlier than 
the fourth Tuesday nor later than the 
third Tuesday preceding the primary. 

2. Notice of meetings. Except as here¬ 
inafter provided, notice of the time, place 
and purpose of every meeting to be held 
to designate candidates shall be duly 
mailed to each member of the commit¬ 
tee at his post-office address not less 
than fifteen days before the day fixed for 
such meeting. Each such notice shall be 
filed not less than ten days before the 
day fixed for such meeting in the office 
in which designations by the committee 
of candidates are required to be filed. 

3. Conduct of meetings. Each meeting 
of a committee for the purpose of making 
such designations shall be open to the 
public. A committee in making desig- 


nat'ons of candidates for different 
offices shall make them in the 
order in which said offices will ap¬ 
pear on the ballot at the general elec¬ 
tion. The procedure governing the meet¬ 
ing of the committee shall be prescribed 
by the rules and regulations of the party. 
No subcommittee shall be empowered to 
make designations unless to fill vacancies 
except it be composed of at least three 
members of the county committee from 
each assembly district within the county. 

Designation by petition. 

Sec. 48. Every petition for the desig¬ 
nation of a candidate for party nomina¬ 
tion or for election to a party position 
shall be in substantially the following 
form: 

I, the undersigned do hereby certify 
that I am a duly enrolled voter of the 
. party, as herein below speci¬ 
fied, and entitled to vote at the next 
primary election of said party, and I do 
hereby designate the following named 
person, or persons, as a candidate, or 

candidates, for nomination by the . 

party for public office, or offices, or as 
a candidate or candidates for election to 
the position, or positions, of the said 
party to be voted for at the official pri¬ 
mary election to be held on the . 

hay of . a. D., as 

hereinafter specified, and it Is my in¬ 
tention to support at the ensuing pri¬ 
mary the candidacy of the person or per¬ 
sons and each of them herein designated 
by me. 

Public office 

Name of cand. or party posifn. Place of res. 


I do hereby appoint [here insert the 
names of at least three persons] as a 
committee to fill vacancies in accordance 
with the provisions of the election law. 

In witness whereof, I have hereunto 
set my hand the day and year placed 
opposite my signature. 

Election dis- 
Name of Resi- trict, town 

Date. signer. dence. or ward. 


Sate of New York, 

County of.. 

On this.day of.in the year_ 

before me personally came (here shall 
be inserted the names of each and every 
voter appearing and making oath before 
the said officer) each of whom was to me 
personally knoxvn and know’n by me to 
be the voter whose name and place of 
residence is subscribed by him to the 
foregoing certificate and each of the 
foregoing voters being by me duly and 
severally sworn did make oath that he 
is a voter and has truly stated his resi¬ 
dence, and that it is his intention to sup¬ 
port at the polls the candidacy of the 
person or persons designated for nom¬ 
ination for public office in the foregoing 
certificate of designation, if the same 
are nominated. 

(Signature and official title.) 

A petition for the designation of can¬ 
didates for party nomination or for elec¬ 
tion to party position may designate can¬ 
didates for nomination for one or more 
public offices, or for election to one or 
more party positions, or both. 

Petitions for designation of candidates 
for party nominations or for the elec¬ 
tion of candidates to party positions shall 
be signed by at least five per centum of 
the total enrolled voters of such party 
within the district, within w r hich such 
office, or within the unit of representa¬ 
tion for w'hich such party position, is 
to be filled and by not less than four 
per centum of the total vote cast in that 
political subdivision for the party candi¬ 



date for governor at the last preceding 
gubernatorial election. 

All papers signed and verified in the 
manner and form above prescribed for 
the purpose of designating the same can¬ 
didate for nomination for the same public 
office or the same party position shall, 
when bound together and offered for fil¬ 
ing as provided in this chapter, be 
deemed to constitute one petition with 
respect to said candidate. 

No enrolled voter shall join in desig¬ 
nating a greater number of candidates 
for party nomination for a public office 
or for election to a party position than 
the number of persons to be elected 
thereto. Where an enrolled voter shall 
sign any petition or petitions designat¬ 
ing a greater number of candidates that 
he is permitted to designate as aforesall 
his signatures, if they bear the sam* 
date, shall not be counted, and if the* 
bear different dates they shall be count¬ 
ed in the order of their priority of data 
and only so far as he was entitled t* 
make designations. 

Filing: of designations. 

Sec. 49. 1. Where to be filed. All desig¬ 
nations of candidates for offices and for 
election to party positions to be filled bj 
the voters of any subdivision of the state 
shall be filed with the officer w r ith whone 
certificates of nomination for such office 
or offices are required by this act to o* 
filed. All designations filed in accord¬ 
ance with the provisions of this section 
shall forthwith be filed by the custodian 
of primary records in his office and shall 
be.open to inspection as public recordn 
at all reasonable hours, and each cus¬ 
todian of primary records shall provide 
ample and sufficient facilities for keeping 
said records and making copies of the 
same. 

2. When to be filed. Designations by 
party committees shall be filed not earlier 
than the fourth Tuesday and not later 
than the third Tuesday preceding the pri¬ 
mary at which the candidates therein 
designated are to be voted for; each 
designation shall be so filed by filing a 
certificate thereof made by the chairman 
and secretary of the meeting of the com¬ 
mittee at which the designations are 
made and said certificate shall be accom¬ 
panied by a complete and accurate record 
of the proceedings of the meeting of the 
committee. All designations by petition 
shall be filed not earlier than the fourth 
Tuesday and not later than five days after 
the third Tuesday preceding the primary 
at wdiich the candidates therein desig¬ 
nated are to be voted for. All designa¬ 
tions shall at the time of the filing there¬ 
of be stamped or indorsed by the secre¬ 
tary of state, or the custodian of primary 
records, as the case may be. with the day, 
hour and minute of such filing. 

Declination by person designated. 

Sec. 60. The name of a person desig¬ 
nated as a candidate for nomination for 
party position shall not be printed on 
the official ballot if he protifles the officer 
with whom the original certificate of his 
designation is filed 4n a writing signed 
and duly acknowiedged by him that he 
declines the designation, or if designated 
by the party committee or one or more 
independent bodies, the name of tjie per¬ 
son so designated shall not be printed 
on the ticket of the committee or inde¬ 
pendent body w'hose designation he shall 
in like manner decline. Such declination 
shall be filed w r ithin five days after the 
third Tuesday preceding the ensuing pri¬ 
mary. The officer with whom such decli¬ 
nation is filed shall forthwith inform by 
mail or otherwise the committee author¬ 
ized to fill vacancies in designations, and 
if such declination be filed with the sec¬ 
retary of state, such officer shall also give 
immediate notice by mail or otherwise 
of such designation to the several cus¬ 
todians of primary records for the elec¬ 
tion districts affected by such declination. 
Certification by secretary of stale. 

Sec. 51. The secretary of state shall, at 
least seven days before an official pyi- 



























THE NEW DIRECT PRIMARIES LAW 


10 


»ary election, except a primary election 
held to nominate candidates to be voted 
for at a special election, prepare and 
transmit to the several custodians of pri¬ 
mary records within the political sub¬ 
divisions where the candidates, designa¬ 
tions of whom have been duly filed with 
him are to be voted for. a certificate 
setting forth the names and residences 
of such candidates and the titles of the 
offices for which they are named, and the 
name of the party upon whose primary 
ballot their names are to be placed, and 
the emblem or device chosen to represent 
and distinguish the candidates of peti¬ 
tioners making such designations, and in 
case of a special election he shall pre¬ 
pare and transmit such certificate at least 
three days before the official primary 
election. 

Vacancies, liow filled. 

Sec. 52. If a candidate regularly desig¬ 
nated for election to party position, or 
for a party nomination for public office, 
declines a nomination or dies before the 
ptimary day, or is found to be disqualified 
to hold the office or position for which 
he has been designated, a committee to 
fill vacancies, which may be appointed 
by the party committee making such 
designation and the appointment of which 
must be duly certified with the designa¬ 
tion, or which may be appointed by the 
signers and shown upon the face of the 
petition of designation, may make a new 
designation, to fill the vacancy so created, 
by making and filing with the officer with 
whom the original designation was filed 
a certificate setting forth the cause of 
the vacancy, the name of the person 
designated by them, the name of the 
original candidate, and the name of the 
party on whose behalf the original cer¬ 
tificate of designation was made. Such 
certificate shall be subscribed and ac¬ 
knowledged by a majority of the mem¬ 
bers of the committee to fill vacancies, 
who shall severally make oath that the 
matters therein stated are true, to the 
best of their knowledge and belief, and 
when so filed such certificate shall have 
the same force and effect as the original 
certificate of designation, or the original 
petition, as the case may be. In case 
such certificate shall be filed with the 
se cretary of state, he shall forthwith cer¬ 
tify to the proper custodian, or custodi¬ 
ans, of primary records the name of the 
person designated by such certificate and 
such other facts as are required to be 
stated therein. In case the certificate 
from the secretary of state shall be re¬ 
ceived by a custodian of primary records, 
or an original certificate of designation 
as in this section provided for shall be 
filed with him. after the official ballots 
have been printed and before primary 
day, it shall be his duty to prepare and 
furnish to the inspectors of election in 
each election district affected adhesive 
pasters containing the name of the candi¬ 
date designated to fill the vacancy with 
directions for the proper use thereof. 
The pasters shall be of plain white paper, 
printed in plain black ink and in the 
same kind of type used in printing the 
names of the candidates upon the official 
ballots, and shall be of a size as large 
as and no longer than the space occupied 
upon the official ballot by the name of 
tne candidate in whose place the candi¬ 
date named upon the paster has been 
cestgnated. Whenever such pasters are 
provided, the officer or board furnishing 
them shall certify to the inspectors of 
election in the election districts affected 
by the vacancy, the namo of the person 
originally designated, the name of the 
person designated in the new certificate, 
the title of the office or party position 
for which the designation is made, the 
name of the political party to which the 
committee making the designation be¬ 
longs, and shall state the number of 
pasters furnished, which number shall be 
equal to the number of official ballots fur¬ 
nished for each such district. Upon the 
delivery of said pasters the inspectors of 
election shall sign and receipt for the 
same, which receipt shall be retained by 


the officer or board furnishing the past¬ 
ers, and shall be part of the record of 
his or their office. The inspectors shall 
affix one of such pasters in the proper 
place and in a proper manner upon each 
official ballot before such ballot shall be 
delivered to a voter. When so affixed to 
an official ballot the paster shall be a 
part of the official ballot. The inspectors 
shall include in their statement of ballots 
a statement showing the number of past¬ 
ers received by them, the number of 
pasters affixed to official ballots and the 
number of unused pasters returned by 
them, the unused pasters to be inclosed 
in the package of ballots not delivered to 
voters. The use of any paster upon the 
official ballot otherwise than as herein 
provided is hereby prohibited. 

Delegates to national conventions. 

/ Sec. 53. The rules and regulations of 
each political party may prescribe that 
the delegates to a national convention 
of that party shall be elected either at 
state conventions held by such party or 
from congressional districts, or partly by 
state conventions and partly from con¬ 
gressional districts. In each year when 
a president and vice-president of the 
Uuited States are to be elected, there 
shall be a primary election for the choice 
of delegates and alternates to the na¬ 
tional convention on the last Tuesday in 
March of such year. In case the rules 
and regulations of a political party pro¬ 
vide for the election of delegates and al¬ 
ternates to a national convention by a 
state convention, delegates to such state 
convention shall be elected as herein¬ 
after provided. In case the rules and 
regulations of the party provide for the 
election of delegates and alternates from 
congressional districts to the national 
convention, the enrolled electors of such 
political party in the several congres¬ 
sional districts shall elect the delegates 
and alternates from such congressional 
districts at the primary herein provid¬ 
ed for that purpose. 

The spring primary shall be subject to 
all the provisions of this chapter for the 
conduct of primary elections on the an¬ 
nual primary day. 

Presidential electors. 

Sec. 54. In each year when a president 
of the United States is to be elected, 
candidates for the office of elector for 
president and vice-president of the 
United States shall be nominated by the 
state committee of each of the parties 
to which this act applies, one for each 
congressional district, and two at large. 
The candidates so nominated shall be 
certified to the secretary of state in the 
same manner as party nominations for 
state offices. 

Existing committees continued. 

Sec. 55. Party committees now exist¬ 
ing shall continue until their successors 
are elected as provided for in this act, 
and shall have the power to make desig¬ 
nations for the spring primaries in the 
year nineteen hundred and twelve. 

Contests; jndieial review. 

Sec. 56. Any action or neglect of the 
officers or members of a political con¬ 
vention or committee, or of any inspec¬ 
tor of primary election, or of any public 
officer or board with regard to the right 
of any person to participate in a primary 
election, convention or committee, or to 
enroll with any party, or with regard to 
any right given to or duty prescribed 
for, any voter, political committee, po¬ 
litical convention, officer or board, by 
this article, shall be reviewable by sum¬ 
mary proceedings upon the petition of 
any person aggrieved thereby, or upon a 
petition presented by the chairman of 
any political committee, which summary 
proceedings may be instituted before the 
supreme court or a justice thereof with¬ 
in the judicial district where the trans¬ 
action, act or neglect of duty took place. 
Such proceedings shall be heard upon 
such notice as the court or justice 


thereof shall direct. In reviewing such 
action or neglect, the court, justice or 
judge shall consider, but need not be con- 
' trolled by, any action or determination 
of the regularly constituted party au¬ 
thorities upon the questions arising in 
reference thereto, and shal make such 
decision and order as, under all the facts 
! and circumstances of the case, justice 
may require. For the purposes of this 
section, service of any notice or order or 
other process of the court or justice 
thereof upon the chairman or secretary 
of a convention or committee or board 
whose action is sought to be reviewed 
or directed shall be sufficient. The ac¬ 
tion of any custodian of primary records 
in canvassing and certifying the result 
of any primary election, or of the secre¬ 
tary of state in preparing and certify¬ 
ing the list of delegates to any conven¬ 
tion, or members of a state committee, 
may be reviewed in like manner by the 
supreme court, or a justice thereof, 
which by order may make any change 
in the result of such primary election 
as certified to by the custodian of 
primary records, or any change or altera¬ 
tion in the list of delegates or members 
of a state committee prepared by the 
secretary of state, as justice may re¬ 
quire. The change or alteration so made, 
if the result is as to the nomination of 
a candidate for an elective office, the 
name of the person so adjudged to have 
been accredited with the greatest num¬ 
ber of votes at such primary for such 
elective office shall be placed upon the 
official ballot as the candidate for the 
party holding such primary; and any 
change or alteration so made by the court 
or the justice thereof in the statement 
of the list of delegates shall be included 
in the statement of the list of delegates 
to be certified by the secretary of state, 
to the chairman or the secretary of the 
state committee, or the chairman of such 
other political committee, as under the 
provisions of this article, are empowered 
to call the conventions to which such 
delegates are elected. Proceedings taken 
under this article shall have precedence 
and priority over all other actions and 
proceedings in the supreme court or be¬ 
fore a justice thereof. The court, or a 
justice thereof, upon such proceeding, 
shall ha /e the right to subpoena and ex¬ 
amine witnesses, or in its discretion to 
hear and determine the case upon affida¬ 
vits. In case the court or a justice there¬ 
of should find and determine that both 
parties to the controversy had been 
guilty of frauds or that the primary has 
been so permeated by fraud as to render 
it impossible for him to determine the 
true result of such primary and who 
was elected thereat, such court or jus¬ 
tice shall have the right to direct the 
holding of a new primary at the same 
place and In the same manner as the 
regular official primary, or in case of a 
contest over the result of the convention, 
which has been characterized by such 
frauds and Irregularities as to render it 
impossible for such court or justice to 
determine who was rightfully nominated 
at such convention, to direct the reas¬ 
sembling of such convention upon a date 
to be fixed by such court or justice for 
the purpose for which such convention 
was originally convened. The court, or 
justice thereof. In case of ordering a new 
primary, may include in such order di¬ 
rections for the canvassing of the vote 
of such new primary, and the case of 
ordering a new convention shall contain 
directions to the proper party officials 
as to giving notice to each delegate and 
alternate delegate to such original con¬ 
vention of the time and place for the re¬ 
assembling of the convention. 

Emblems. 

Sec. 57. The party emblem shall con¬ 
stitute the committee emblem of the 
party. A petition for the designation of 
a candidate for nomination to public 
office or election to a party position may 
likewise select an emblem to distinguish 
the candidates designated by such peti¬ 
tion, and such emblem shall be shown 
by the representation thereof upon such 









THE NEW DIRECT PRIMARIES LAW 


11 






•! * . 




< 


Facsimile of Front of Official Primary A_,a:Io. 


i. 


INSTRUCTIONS. 

■THW ballot shall be masked * in one of two ways with a pencil having black lead, to vote a straight ticket make a cross \X) mark WITTV THE OP*" e A^uVE such ticket. 

TO VOTE A SPLIT TICKET, TEAT IS. FOR CANDIDATES UNDER DIFFERENT CIRCLES,.THE VOTER SHOULD MAKE A CROSS (V) MARK BEFORE TttL NAME OF K.U1. C-.XDIDA'i^ . OR WHOM HE VOTES. 
IF THE TICKET MARKED IN THE CIRCLE FOR THE STRAIGHT TICKET DOES NOT, CONTAIN THE NAMES OF .ALL CANDIDATES FOR WHOM THE VOTER MAY VOTE, HE MAY VOTE FOR CANDIDATES SO 
OMITTED BY MAKING A CROSS (Y) MARK BEFORE THE NAMES OF CANDIDATES FOR THE SAME OFFICES OR POSITIONS ON ANOTHER TICKET. OR BY WRITING THE NAMES IF THEY ARE NOT 
PRINTED UPON THE BALLOT. LN THE BLANK COLUMN, UNDER THE TITLE OF THE OFFICE OR PARTY POSITION TO VOTE FOR A PERSON NOT ON THE BALLOT, WRITE THE NAME OF SUCH PERSON 
UNDER THE TITLE OF THE OFFICE DR PARTY POSITION IN THE BLANK COLUMN. ANY OTHER MARK THAN THE CROSS (X) MARK U8EI>FOR THE PURPOSE OF VOTING, OR ANY ERASURE MADE 
ON THIS BALLOT, MAKES IT VOID, AND NO VOTE CAN BE COUNTED HEREON. IF YOU TEAR OR DEFACE OR WRONGFULLY MARK THIS BALLOT. RETURN IT AND OBTAIN . ANOTHER. BUT ONLY 
ON* AWUMQNAL BALLOT MAY BEJTHUS pBTAlNED. 


Official Ballot for the Primary Election of the ( of*th!) Pany 

County September 19, 1911 

Town (of City) of--- 


(It City)_-Ward 99th Election District 

(Or Assembly District) 


For RepreeenUtive in Congreee. 


For State 8eaator. 


PERRY PRINK 


1 Fer Member ef Amembly. 


HARRY JENKINS. 


For Sheriff. 


JOHN WILLSON. 


For Mayor. 


ALBERT KERN. 



For RepreeenUtive in Congrtee. • 



For Repreeentative la Coogrem. 


For State Senator. 


Fof State Senator. 


GEORQE PRICE. 


For Member of.Aeeembly- 


EZEKIEL JUD60N. 


For Sheriff. 


PATRICK MURPHY. 

■■■■■■■■■■ 


PETER PIPER. 


For Mother of Amen ab ly. 1 


JOHN L. SULLIVAN. 


For Mayor; 


ISAAC EINSTEIN. 


For Sheriff. 


GEORGE HUMBERT. 


For Mayor. 


For RepreeeuUtive in Congrtee: 


For State Senator. 


For Member of Aesembly. 


For Sheriff. 


For* Mayor,, 


CHARLES HARRI8. 


Ifot Delegatee to the State Convention. 1 

For Delegatee to the State Convention. 

p 

or Delegatee to the SUte Convention. 

For Delegate* the State Convention. 

* For Delegetes'to the Eute Convention. 


GEORGE PERKINS. 


JOHN JONES. 


ALBERT FITCH. 


THOMAS FARRELL. 



WILLIAM COOK. 


JOHN SMITH. 


GEORGE LEECH. 


JOHN ELLIOTT. 



PHILIP CUSTER. 


GEORGE BROWN. 


JAMES BAILEY. 


MORRIS KAY. 



JOHN BRANDT. 


CHARLES HORTON. 


EDWARD CARROLL. 


FRANK ERB. 



ARTHUR JONES. 


FRANK GILBERT. 

• 

HARVEY HALE. 


RICHARD POTTER. 



or Member of the Stole! Ceaunittee. 

1 

far Member of the State Committee. 

F 

or Member of the State CoenBiittee. 

I 

or Member 6f the State Committee. 

For Member of the State Committee. 

□ 

Michael baker. 


HENRY PRATT. 

ALBERT^KERN. 

□ 

FRANK DANIELS. 


^*^*^*'°* ^* Corotj ComaiUM. | 

For Member of the County Committee. 

For Member of the County Committee. 

-1 

Fof Camber of the County Committee. 

Fer Member of the County Committee. 

□ 

WILLIAM KfiATT. 

J__ 

□ 

GEORGE ATWOOD. 

□ 

GEORGE SANDS. 




















































































12 


THE NEW DIRECT PRIMARIES LAW 


Facsimile of Back of Official Primary Ballot 


NO. 1. 


orwcrwATic fat.ty 


DEMOCRATIC PARTY 

(INSERT EMBLEM) 

OFFICIAL PRIMARY BALLOT 

FOB TIB 

99TB ELECTION DISTRICT 

or TIB 

43D ASSEMBLY DISTRICT, 
COUNTY OF NEW YORK, 
SEPTEMBER 19,1911. 

JOHN' SMITH, 
Custodian of Primary Rttordt. 






THE NEW DIRECT PRIMARIES LAW 


13 


“—3-—-— 

petition. An emblem chosen as aforesaid 
m*ay be any appropriate symbol, other 
than the coat of arms or seal of the 
state or of the United States, or the 
state or national flags, or any religious 
emblem or symbol, or the portrait of any 
person or the representation of a coin or 
of the currency of the United States, or 
the party emblem of any party. Conflicts 
in emblems shall be determined, and 
omitted emblems supplied, in the man¬ 
ner, so far as practicable, provided for 
by sections one hundred and twenty-five 
and one hundred and twenty-six of this 
chapter, fn respect to emblems to be 
placed upon the official ballot. 

Official primary ballot. 

Sec. 58. There shall be prepared, print¬ 
ed and supplied in the manner herein¬ 
after provided, for use at official primary 
elections, official primary ballots, and 
except as otherwise expressly provided 
in this chapter, no other ballot shall be 
used at an official primary election. 

No names of candidates for any nomi¬ 
nation to public office or election to a 
party position shall be printed upon the 
official primary ballot, except upon des¬ 
ignation duly made as prescribed in this 
chapter; nor shall any names, words, or 
signs, or writing whatever be printed, 
written, stamped or in any man'ner 
placed upon an official primary ballot 
except as herein provided. 

The official primary ballots shall con¬ 
form in quantity, weight, and style of 
printing, to the ballots described in this 
chapter for use at the general election. 
The ballots of no two parties shall be of 
the same color. The secretary of state 
shall designate the color of ballots for 
each party. The ballot shall be printed 
upon the same leaf of the stub and sep¬ 
arated therefrom by a perforated line. 
The part above the perforated line, des¬ 
ignated as the stub, shall extend the en¬ 
tire width of the ballot, and shall be of 
sufficient depth to allow the following 
instructions to voters to be printed 
thereon in type known as brevier, with 
the word “Instructions” in larger type 
above: 

“This ballot shall be marked in one of 
two ways with a pencil having black 
lead. To vote a straight ticket mark a 
cross X mark within the circle above 
Buch a ticket. To vote a split ticket, 
that is, for candidates under different 
circles, the voter shall make a cross X 
mark before the name of each candidate 
for whom he votes. If the ticket marked 
in the otrole for a straight ticket does 
not contain the names of all candi¬ 
dates fof whom the voter may vote, he 
may vote for candidates so oniitted by 
making a cross X mark before tne names 
of candidates for the same offices or po¬ 
sitions on another ticket, or by writing 
the names if they are not printed upon 
tae ballot, in the blank column, under 
•tie title or the office or party position. 
To vote for a person not on the ballot, 
write the name of such person tsnder the 
♦ille Ct the office or party position in 
the blank column. Any other mark thaD 
the cross X mark used for the purpose 
of voting, or any erasure made on this 
ballot, makes it void, and <ao vote can 
be counted hereon. If you tear or deface 
or Wrongfully mark this ballot, return it 
and obtain another, but dftly one addi¬ 
tional ballot may be thus obtained.” 

Upon the face of the ballot and dlrcet- 
ly below the perforated line shall be 
printed the following: “Official ballot for 
the primary election of the ^(xiame or 
party) party,” the name of cou niy 

and tow r n or city; the date on which such 
primary is held; the assembly district 
number, number of the ward, and the 
election district number, directly below 
which shall be printed a heavy black 
line. 

The portion of such ballot below such 
horizontal black line shall be divided 
into columns by lighter black lines. The 
titles of the different offices for which 
candidates are to be nominated, or party;, 


positions to be filled, shall be arranged 
in such columns in the following order, 
from top to bottom: Justice of the su¬ 
preme court, representative in congress, 
state senator, member of assembly, 
county and city officers in the order in 
which they respectively will appear upon 
the official ballot at the general election, 
delegates to state convention, member of 
state committee, member of county com¬ 
mittee, and other committees in such or¬ 
der as the custodian of primary records 
shall determine. The titles of the public 
offices or party positions shall be printed 
in a space one inch in depth and at 
least two inches in width, divided by 
horizontal light ruled lines. Below the 
space containing the title of a public 
officer or party position shall be printed 
the name of the candidate or candidates 
for such office or position, separated by 
light horizontal lines with a blank space 
on the left thereof one-quarter of an 
inch square, inclosed by heavy dark lines 
which space is called the voting space. 
Below the names of the several candi¬ 
dates or group of candidates designated 
for the same public office or party posi¬ 
tion shall be printed a heavy line across 
the entire width of the ballot. Above 
the titles of the different offices for 
which candidates are to be nominated 
or party positions to be filled, in the 
center of a sufficient space separated 
therefrom by a heavy black line, shall 
be printed the emblem of the party com¬ 
mittee or the emblem selected by the 
petitioners as the case may be by whom 
such candidates were designated. If the 
various committees of any party fail to 
unite in selecting the same committee 
emblem, the custodian of primary rec¬ 
ords shall select the same, to be printed 
in the appropriate space at the head of 
the committee column, upon all ballots to 
be used within his jurisdiction. Imme¬ 
diately below the emblem and in the 
same space, shall be printed in the cen¬ 
ter of such space a blank circle one-half 
inch in diameter, defined by heavier lines 
than the lines dividing the blank space 
before the names of candidates, as 
herein provided. The candidates desig¬ 
nated by party committee shall be so 
arranged in the column to the extreme 
left. Candidates designated by petition 
shall be arranged in the other columns 
of the ballot from left to right in the 
chronological order in which the designa¬ 
tions were filed, but with the titles of 
the public offices and party positions and 
the candidates designated therefor di¬ 
rectly opposite the same titles and the 
names of candidates designated for the 
same offices or party positions in the 
committee column. The name or a can¬ 
didate shall not appear more than once 
on ballot as a candidate for the same 
public office or party position. To the 
right of the ballot shall be a column in 
which shall be printed only the titles 
of the public offices and party positions 
opposite the. corresponding titles, re¬ 
spectively, under which the names of 
the candidate or candidates have been 
printed. Beneath each such title the 
spaces shall be the same size and ar¬ 
ranged in the same manner as where the 
names of candidates are printed beneath 
the corresponding title, except that the 
voting space shall be omitted. 

On the back of the ballot below the 
stub and immediately at the left of the 
center of the ballot shall be printed the 
name and emblem of the party, and in 
great primer roman, condensed capitals 
“Official primary ballot for,” and after 
the word “for” shall follow the designa¬ 
tion of the polling place for which the 
ballot is prepared, the date of the pri¬ 
mary election, and a facsimile of the 
signature of the officer who has caused 
the ballot to be printed. Immediately 
above the center of such indorsement 
and upon the back of the stub, shall be 
printed the consecutive number of the 
ballot beginning with “No. 1,” and in¬ 
creasing in regular numerical order, and 
on the back of the stub below the num¬ 
ber, the name of the party, All ballots 


shall be substantially in the following 
form: 

(Note: See Ballot Form Pages 11 and 

12 .) 

Sec. 30. Such chapter is hereby amended 
by Inserting therein a new article to be 
article four-a thereof, the schedule of 
which shall read as follows : 

ARTICLE 4-A. 

CONDUCT OF PRIMARY FLECTIONS! 

CANVASS OF RETURNS. 

SectioagTO. Organization and conduct of 
official primaries. 

71. Qualifications of voters at 

primaries. 

72. Challenges at official primary 

elections. 

73. Expense of official primaries. 

74. Primary districts, officers and 

polling places. 

75. Notice of official primary. 

76. Restrictions as to place of 

primaries. 

77. Removals from, and filling 

vacancies in, boards of 
primary election officers. 

78. Primary poll clerkB. 

79. Ballots, booths and supplies. 

80. Delivery of ballots and man¬ 

ner of voting. 

81. Unofficial ballots. 

82. Preparation of ballot by 

voters. 

83. Persons within the guard¬ 

rail. 

84. Watchers; challengers; elec¬ 

tioneering. 

85. Canvass of votes. 

86. Intent of voters. 

87. Proclamation and statement 

of result. 

88. Certificates of election; pres¬ 

ervation of ballots. 

89. Canvass of statements of re¬ 

sult; certificates of nomina¬ 
tion or election. 

90. Filling vacancies and deter¬ 

mination of tie vote after 
primaries. 

91. Primaries held to nominate 

candidates for special elec¬ 
tions. 

92. Unofficial primaries. 

93. Penalty for violation. 

94. Perjury. 

Sec. 31. Such chapter is hereby amended 
by adding thereto as a part of article 
four-a a new section to be known as sec¬ 
tion seventy, and to read as follows: 

Organization and conduct of official 
primaries. 

Sec. 70. 1. Election officials for each 
election district within a primary district 
shall comprise the election officers for 
such primary district. 

2. All said officers shall take and sub¬ 
scribe the constitutional oath of office, 
before entering on the discharge of their 
duties. 

3. Such primary shall be held open from 
three o’clock in the afternoon until nine 
o’clock, post meridian, for voting thereat. 

4. The primary election officers shall 
perform the same duties that they are 
required to perform in a general election, 
and such additional duties as are in this 
chapter prescribed and shall receive the 
same pay as for services on registration 
day. 

5. In each year an official primary elec¬ 
tion shall be held on the seventh Tues¬ 
day before the general election; In each 
year in which a president of the United 
States is to be elected, an additional offi¬ 
cial primary election shall be held on the 
last Tuesday In March. 

Sec. 32. Such chapter is hereby amend¬ 
ed by inserting therein as a part of arti¬ 
cle four-a thereof a new section to be 
section seventy-one, and to read as fol¬ 
lows: 

Qualifications of voters at official 
primaries. 

Sec. 71. No person shall be entitled to 
votQ at any official primary unless he 












14 


THE NEW DIRECT PRIMARIES LAW 


is duly enrolled and may be qualified to 
vote on the day of election. The pri¬ 
mary election inspectors shall decide all 
questions that arise relating to the quali¬ 
fications of voters. 

Sec. 33. Section fifty-seven of such 
chapter is hereby renumbered section 
seventy-two, inserted unchanged as a 
part of article four-a thereof, to read a3 
follows: 

Challenges at official primary elec¬ 
tions. 

Sec. 72. The right of an enrolled voter 
to participate in any official primary 
election shall be subject to challenge at 
any time before his ballot is deposited in 
the ballot box. When any enrolled voter 
shall be challenged, the chairman, or 
one of the members, of said board, shall 
forthwith put to him an oath or affirma¬ 
tion to answer truly such questions as 
shall be put to him, and he shall be al¬ 
lowed to vote if, and only if, he shall 
make such oath or affirmation, and shall 
answer in the affirmative each of the 

following questions: “Are you . 

(using the name which he has given as 
his name)? 

“Do you reside, and have you, for thirty 

days last past, resided at . 

(giving the address which he has given 
as his residence)?’’ 

Sec. 34. Section forty-seven of such 
chapter is hereby renumbered section 
seventy-three inserted as a part of ar¬ 
ticle four-a thereof, and amended to read 
as follows: 

Expense of official primaries. 

Sec. 73. The expense of official primary 
elections, including the expense of prepar¬ 
ing and copying new enrollment books and 
the compensation herein provided to be 
paid to primary election officers, shall be 
paid by the same officers or boards and in 
the same manner, as the expenses of 
general elections. If provision shall not 
have been made for the payment of such 
expense in any year, then the officers who 
are empowered by law to make such pro¬ 
vision in any county, city, town or other 
political subdivision of the state, are 
hereby authorized and directed to raise 
money to such an amount as may be nec¬ 
essary, in any manner provided by law 
for meeting expenses in anticipation of 
the collection of taxes and to pay such 
expense therefrom. The amount so raised 
shall be included in the amount to be 
raised by tax in the ensuing year. 

Sec. 35. Section forty-eight of such 
chapter is hereby renumbered section 
seventy-four, inserted as a part of arti¬ 
cle four-a thereof, and amended to read 
as follows: 

Primary districts, officers and polling 

places. 

Sec. 74. The custodian of primary rec¬ 
ords shall thirty days before each official 
primary day, divide every ward or as¬ 
sembly district in a city and every vil¬ 
lage having five thousand inhabitants or 
more into primary districts, each of which 
shall consist of two contiguous election 
districts, except that in case there is an 
odd number of election districts in such 
ward, assembly district or village, the 
highest numbered election district shall 
be a primary district by itself. There 
shall be two polling places in each of 
such primary districts which shall be 
designated and provided at public ex¬ 
pense by the officers or boards whose 
duty it is to provide polling places for 
days of general election, and which shall 
be ; so far as they are available, the same 
places as were used for the last preced¬ 
ing general election. The custodian of 
primary records shall assign one of the 
polling places in each such primary dis¬ 
trict to the party which, at the last elec¬ 
tion of governor, cast the highest number 
oi' votes for governor, and at the other 
polling place in such primary district 
there shall be held the primary elections 
of all other parties. In all other villages 


and towns, each election district shall 
constitute a primary district. Except in 
a city or village having more than five 
thousand inhabitants there shall be for 
each primary district a board of primary 
election officers, which shall consist of 
the election inspectors, poll clerks and 
ballot clerks for the election district 
comprising such primary district. 

In election districts in which voting ma¬ 
chines are used at the general election 
the ballot clerks to serve at the primary 
election shall be appointed by the board 
of election inspectors for the purposes 
of such primary election only. In a city 
or village having more than five thou¬ 
sand inhabitants there shall be for each 
primary district two boards of primary 
election officers, one of which shall con¬ 
sist of the election inspectors, poll clerks 
and ballot clerks for the election district 
or districts comprised within such pri¬ 
mary district who shall at the time rep¬ 
resent the party which at the last pre¬ 
ceding election of a governor shall have 
cast the largest number of votes for 
governor, and the other of which shall 
consist of the election inspectors, poll 
clerks and ballot clerks who shall repre¬ 
sent the party w'hich, at such election, 
shall have cast the second largest num¬ 
ber of votes for governor. The first men¬ 
tioned of said boards shall conduct the 
primary elections of the party repre¬ 
sented by its members, and the second 
mentioned of said boards shall conduct 
the primary elections of all other parties 
at the time entitled to hold primary elec¬ 
tions. 

Sec. 36. Section forty-nine of such chap¬ 
ter is hereby renumbered section seventy- 
five, inserted as a part of article four-a 
thereof, and amended to read as follows: 

Xotlee of official primary. 

Sec. 75. At least thirty-five days before 
each official primary day the chairman 
of the general committee of each party 
subject to the provisions of this article, 
shall certify and deliver to the custodian 
of primary records a statement of the 
conventions, the time when and the place 
where such conventions are to be held, 
and of the committees and offices for 
which delegates, members or candidates, 
as the case may be, are to be elected 
thereat, and the number of delegates to 
conventions, and members of committees, 
to be elected in each unit of representa¬ 
tion. The custodian of primary records 
shall prepare a notice of each official 
primary election provided for by this 
article, and shall publish such notice, not 
more than thirty-five days and not less 
than thirty days prior to such primary 
election, in at least one newspaper hav¬ 
ing a general circulation in the city or 
village, of the political faith of each of 
the two parties which, at the last pre¬ 
ceding election of a governor, cast the 
highest and next highest number of votes 
for governor. Such notice shall specify 
the day of such primary election, the 
hours during which it will be held, the 
location of each polling place, the elec¬ 
tion districts whose voters may vote at 
each such polling place, the name of the 
party or parties whose primary elections 
will be held thereat, and the conven¬ 
tions, committees and offices for which 
delegates, members or candidates, as the 
case may be, will be voted for thereat. 

Sec. 37. Section fifty-one of such chap¬ 
ter is hereby renumbered section seventy- 
six and inserted unchanged as part of 
article four-a thereof to read as follows: 

Restrictions as to place of primaries. 

Sec. 76. No primary election shall be 
held in a saloon or drinking place, or in 
a room which is more than one flight of 
stairs from the street or not readily ac¬ 
cessible from the street. 

Sec. 38. Such chapter is hereby amend¬ 
ed by inserting as a part of article four-a 
a new section, to be known as section 
seventy-seven thereof, and to read as fol¬ 
lows: 


Removals from, and tilling- vacancies 

in, boards of primary election offi¬ 
cers. 

Sec. 77. Removals from boards of pri¬ 
mary election officers shall be made, and 
vacancies occurring in such boards shall 
be filled, in the same manner as is pro¬ 
vided in this chapter for making removals 
from boards of election officers and for 
filling vacancies therein on a day of reg¬ 
istration. 

Sec. 39. Such chapter is hereby amend¬ 
ed by inserting as a part of article four-a 
a new section, to be section seventy-eight 
thereof and to read as follows: 

Primary poll-clerks. 

Sec. 78. Each primary poll clerk at 
each polling place at an official primary 
election shall have a poll-book fsr each 
party in each election district within 
the primary district for keeping the list 
of enrolled voters voting, or offering to 
vote thereat at the primary election. 
Each such book shall have columns head¬ 
ed respectively “Number of enrolled 
voter,” “Name of enrolled voter,” “Res¬ 
idence JJY enrolled voter,” “Number on 
ballots delivered to enrolled voter,” 
“Number on ballot voted,” and “Re¬ 
marks.” 

Upon each delivery of an official pri¬ 
mary ballot by the primary ballot clerk 
to an enrolled voter, the primary poll- 
clerk shall enter upon the poll-book of 
the election district in which the en¬ 
rolled voter resides, in the appropriate 
column, the number of the enrolled voter, 
in the successive order of the delivery of 
the ballots thereto, the name of the en¬ 
rolled voter in the alphabetical order of 
the first letter of his surname, his resi¬ 
dence by street and number, or if he 
have no street number, a brief descrip¬ 
tion of the locality thereof, the printed 
number upon the stub of the ballots de¬ 
livered to such enrolled voter, and the 
number of the ballot voted by him. Tf 
the ballot delivered to any enrolled voter 
shall be returned by him to the primary 
ballot clerk, and he shall obtain a new 
ballot, the primary poll-clerk shall write 
opposite his name on the poll-book in 
the proper column, the printed number 
of the stub of such ballot. Each primary 
poll-clerk shall make a memorandum 
upon his poll-book opposite the name of 
each person who shall have been chal¬ 
lenged and taken either of the oaths pre¬ 
scribed upon such challenge, or who 
shall have received assistance in pre¬ 
paring his ballot and shall also enter 
upon the poll-book opposite the name of 
such person the names of the primary 
officers or persons who render such as¬ 
sistance, and the cause or reason as¬ 
signed for such assistance by the elector 
assisted. 

As each enrolled voter offers the ballot 
which he intends to vote to the primary 
inspector, each primary poll-clerk shall 
report to the primary officers whether 
the number entered on the poll-book 
kept by him as the number on the ballot 
last delivered to such enrolled voter is 
the same as the number on the stub of 
the ballot so offered. As each enrolled 
voter votes, each primary poll-clerk shall 
enter in the proper column on his poll- 
book the number on the stub of the bal¬ 
lot voted. Upon the close of the polls of 
the primary election, the primary poil- 
clerks and all primary officers shall 
compare the poll-books with the enroll¬ 
ment books or registers and correct any 
mistakes found therein. 

Sec. 40. Such chapter is hereby amended 
by inserting therein as a part of article 
four-a a new section, to be known as 
section seventy-nine, and to reaa is 
follows: 

Ballots, booths and supplies. 

Sec. 79. The custodian of primary rec¬ 
ords shall have for each party printed 
ballots for each election district equal in 
number, as near as may be, to one and 
one-third times the total number of en¬ 
rolled voters of the party in the election 
district, prepared as herein described. 








THE NEW DIRECT PRIMARIES LAW 


15 


“Space for total number of votes re¬ 
ceived by each candidate.” 

Each such statement of result sheet 
shall consist of two columns separated 
from each other by a vertical line run¬ 
ning from top to bottom of each page of 
the sheet. In the first column shall be 
printed the title of each public office, the 
name of each committee, and description 
of each convention to which delegates 
are to be elected, and the names of all 
the candidates therefor, which shall be 
printed in the same manner and order as 
upon the tally sheet in the first column 
thereof. All names shall be separated 
from each other by parallel horizontal 
lines. At the head of each statement of 
result sheet shall be printed the follow¬ 
ing: “Statement of result of the vote cast 
at the official primary election held on 

the - day of . (the blanks being 

properly filled),” and there shall also be 
printed the name of the county, the num¬ 
ber of the assembly district or ward, or 
the name of the town, and the number of 
the election district. At the foot of each 
such statement of result sheet shall ap¬ 
pear the following certificate to be signed 
by the primary election inspectors: “We 
hereby certify that the foregoing state¬ 
ment of result is true and correct in all 
respects. 


Board of Primary Election Inspectors.” 
All pages of each tally sheet and of each 
statement of result sheet shall be secure¬ 
ly bound together in convenient form. 

Sec. 41. Such chapter is hereby amend¬ 
ed by inserting therein as a part of ar¬ 
ticle four-a a new section, to be known 
as section eighty, and to read as follows: 

Delivery of ballots and manner of 

voting-. 

Sec. 80. No voter at a primary election 
shall be given or be allowed to mark or 
cast the ballot of any party with which 
he has not enrolled. The folding and de¬ 
livery of ballots and the manner of vot¬ 
ing shall be the same as prescribed for 
the folding and delivery of ballots and 
the manner of voting prescribed by the 
provisions of this chapter relating to gen¬ 
eral elections so far as the same may be 
applicable, excepting that each ballot 
after detachment of the stub by the offi¬ 
cer charged with that duty shall be de¬ 
posited in the separate box provided for 
the party designated on the ballot, and 
such officer, in addition to announcing the 
name of the voter and number of the 
stub, shall also announce the party name 
thereon. 

Sec, 42. such chapter is hereby amend¬ 
ed by inserting therein as a part of ar¬ 
ticle four-a a n*w section, to be known 
as section eighty-one, and to read as fol¬ 
lows : 


mark before the name of each candidate 
for whom he votes. If the ticket marked 
in the circle for a straight ticket does 
not contain the names of all candidates 
for whom he desires to vote, he may vote 
for candidates so omitted by marking a 
cross X mark before the names of candi¬ 
dates for the same office or position on 
another ticket, or by writing the namen, 
if they are not printed upon the ballot, 
in the blank column under the title of 
the office or party position. Any straight 
line crossing any other straight line at 
any angle within 'the circle or voting 
space shall be deemed a valid voting 
mark. It shall not be lawful to make 
any mark on the ballot other than * 
cross X mark for the purpose of voting, 
and such mark shall be made only will 
a pencil having black lead, and only im 
the circle above the voting space to the 
left of the names of the candidates; ex¬ 
cept that the voter may write with a 
pencil having black lead in the blank 
space at the right of the ballot, unde:r 
the proper title of the office or party 
position, the name of any person or per¬ 
sons for whom he desires to vote, whoso 
name or names are not printed upon tho 
ballot: not exceeding with the candidaten 
for whom he has voted by cross X mark 
the total number of persons by whom 
such position is to be filled. It shall not 
be lawful to deface or tear a ballot in. 
any manner, nor to erase any printed 
name, device, figure, word or letter 
therefrom, nor to erase any mark mad« 
thereon by such voter. If the voter de¬ 
face or tear a ballot, or -wrongfully 
mark the same or make an erasure 
thereon, he may obtain one additional 
ballot on returning to the ballot clerk 
the one so defaced or wrongfully marked. 

Sec. 44. 'Section fifty-eight of such 
chapter is hereby renumbered section 
eighty-three, inserted as a part of arti¬ 
cle four-a thereof, and amended to read 
as follows: 

Persons within the guard-rail. 

Sec. 83. From the time of the opening 
of the polls until the result of the can¬ 
vass of the votes cast thereat shall have 
been announced, and the official state¬ 
ments of such canvass shall have been 
signed, the ballot boxes and all voted 
ballots shall be kept within the guard¬ 
rail. No person shall be admitted with¬ 
in the guard-rail during such period, ex¬ 
cept primary election officers, duly au¬ 
thorized watchers, persons admitted by 
the inspectors to preserve order or en¬ 
force the law, and persons duly admitted 
for the purpose of voting; provided, how¬ 
ever, that any candidate voted for may 
bo present at the canvass of the votes. 

Sec. 45. Section fifty-nine of such chap¬ 
ter is hereby renumbered section eighty- 
four, inserted as a part of article four-a 
thereof, and amended to read as follows: 

Watchers; challengers; electioneering. 


which shall be delivered by the custodian 
of primary records to the proper primary 
officers at the various polling places at 
least one-half hour before the time fixed 
for the opening of the polls. The polling 
places, voting booths, guard-rails, dis¬ 
tance markers, ballot boxes, sample bal¬ 
lots poll-books and other supplies re¬ 
quired for official primary elections shall 
be provided and paid for by the same offi¬ 
cers, and in the same manner, as in the 
case of general elections. At all official 
primary elections a separate box with 
the name and emblem of the party and 
with the number of the election district 
clearly and conspicuously written or 
printed thereon, shall be provided at each 
polling place for each party participating 
in a primary election at such polling 
place and for each election district the 
voters of which vote at such polling 
place; and there shall also be a large box 
for the reception of unvoted ballots and 
an additional box for detached ballot stubs 
and there shall be affixed to the outside 
of the polling place and in at least two 
places on the inside thereof, and in a 
conspicuous manner, placards printed 
with large-sized bold-face type, which 
shall specify the name of the parties 
whose primary election is being held in 
such polling place. Sample ballots shall 
be provided by the custodian of primary 
records for each party for each election 
district, equal in number, as near as may 
be, to twenty-five per centum of the num¬ 
ber of official ballots required to be fur¬ 
nished for such party for such election 
district. Such sample ballots shall be 
printed on paper different in color from 
the paper used for the official ballot, and 
there shall be no numbers upon the stubs 
thereof, but in all other respects such 
sample ballots shall be precisely like the 
official ballots. One of such sample bal¬ 
lots shall be furnished upon application 
at any time on primary day to any voter 
entitled to vote the ballot of which he 
requests a sample. 

The custodian of primary records shall 
prepare and furnish to each board of 
primary election inspectors two tally 
sheet blanks and two statement of re¬ 
sult blanks for each political party 
whose primary election is under the jur¬ 
isdiction of said board of primary elec¬ 
tion inspectors. Upon each of said blanks 
shall be indorsed the name of the party, 
the name of the county, the number of 
the assembly district or ward, or the 
name of the town, and the number of the 
election district for which said blank is 
to be used. 

Each such tally sheet shall consist of 
three columns separated from each other 
by vertical lines running from top to 
bottom of each page of the tally sheet. 
In the first column shall be printed the 
title of each public office for which a can¬ 
didate is to be nominated, the name of 
each committee to which members are to 
be elected, and a description of each con¬ 
vention to which delegates are to be 
elected. Under the name of each public 
office for which candidates are to be nomi¬ 
nated and on the same page shall be 
printed, in alphabetical order, the names 
of all candidates for the nomination 
therefor. Under the name of each com¬ 
mittee and on the same page shall be 
spaces in which the primary inspectors 
shall write, in alphabetical or¬ 
der, the names of all candidates for 
election thereto. Under the description 
of each convention and on the same page 
shall be spaces in which the primary in¬ 
spector shall write, in alphabetical order, 
the names of all candidates for election 
as delegates thereto. Each name and 
each space upon said tally sheet shall be 
separated from the other names and 
spaces next thereto by parallel horizontal 
lines extending from one side of the 
sheet to the other. The second column 
upon the tally sheet shall be headed, at 
the top of each page thereof, “Space for 
tally as canvass progresses.” The third 
column in like miinner shall be headed 


Unofficial ballots. 

Sec. 81. If, for any cause, the official 
ballots for any party shall not be pro¬ 
vided as required by law at any polling 
place, upon the opening of the polls of 
any primary election thereat, or if the 
supply of official ballots for any party 
shall be exhausted before the polls are 
closed, unofficial ballots, printed or writ¬ 
ten, made as nearly as practicable in the 
form of the official ballot, may be used. 

Sec. 43. Such chapter is hereby amend¬ 
ed by inserting therein as a part of ar¬ 
ticle four-a a new section, to be known 
as section eighty-two, and to read as fol¬ 
lows: 

Preparation of ballot by voters. 

Sec. 82. On receiving a ballot the voter 
shall forthwith retire alone to one of the 
voting booths, and without undue delay 
unfold and mark his ballot. If he desires 
to vote a straight ticket he shall make 
a cross X mark within the circle above 
such ticket. If he desires to vote a split 
ticket, that is, for candidates under dif¬ 
ferent circles, he shall make a cross X 


Sec. 84. The ballot and other boxes used 
at any primary shall be examined by the 
inspectors in the presence of the watch¬ 
ers, if any, before any ballots are re¬ 
ceived. One watcher for each election 
district may be appointed by any politi¬ 
cal committee, and by any two or more 
of the persons whose names are upon any 
ticket to be voted for at such primary 
election. Such watchers may be present 
at such polling place and within the 
guard-rail from at least fifteen minutes 
before the examination of any ballot or 
other box at the opening of the polls of 
such primary election until after the an¬ 
nouncement of the result of the canvass 
of the votes cast thereat and the sign¬ 
ing of the statements thereof by 
the inspectors. A reasonable number of 
challengers, at least one person for any 
three or more persons of each party hold¬ 
ing its primary election at that polling 
place, whose names are upon any official 
ballot at such primary election, shall be 
permitted to remain just outside the 
guard-rail of each such polling placs, 
where they can plainly see what is done 
within such rail outside the voting bootbh. 















16 


THE NEW DIRECT PRIMARIES LAW 


from the opening to the close of the polls 
thereat. No person shall, while the polls 
are open, at any polling place do any 
electioneering within such polling place, 
or within one hundred feet therefrom, in 
any public street or in any building or 
room, or in a public manner, and no po¬ 
litical banner, poster or placard shall be 
allowed in or upon such polling place on 
any primary day. 

Sec. 46. Section sixty of such chapter 
Is hereby renumbered section eighty-five, 
Inserted as a part of article four-a there¬ 
of, and amended to read as follows: 

Canvass of votes. 

Sec. 85. As soon as the polls at 
any official primary election shall 
close, the board of primary inspec¬ 
tors shall forthwith publicly canvass and 
ascertain the result thereof, nnd they 
shall not adjourn or postpone the can¬ 
vass until it shall be fully completed. All 
questions touching the validity qf ballots 
or their conformity with the provisions 
of this chapter shall be determined by a 
majority vote of the board of primary 
Inspectors. The room in which such can¬ 
vass is made shall be clearly lighted, and 
such canvass shall be made in plain view 
of the public. It shall not be lawful for 
any person or persons during the can¬ 
vass, to close, or cause to be closed, the 
main entrance to the room in which such 
canvass is conducted, in such manner as 
to prevent ingress or egress thereby. The 
board of primary inspectors shall proceed 
to canvass the vote by counting the bal¬ 
lots found in the ballot boxes without 
unfolding them, except so far as to as¬ 
certain that each ballot is single, and by 
comparing the ballots found in each box 
with the number shown by the enroll¬ 
ment book to have been deposited therein. 
If the ballots found in any box shall be 
more than the number of ballots so 
shown to have been deposited therein, 
such ballots shall be replaced, without 
being unfolded, in the box from which 
they were taken, and shall be thoroughly 
mingled therein, and one of the inspectors 
designated by the board shall, without 
seeing the same and with his back to the 
box, publicly draw out as many ballotB 
as shall be equal to such excess, and 
without unfolding them, forthwith destroy 
them. If two or more ballots shall be 
found in a ballot box so folded together 
as to present the appearance of a single 
ballot, they shall be destroyed if the 
whole number of ballots in such ballot 
box exceeds the whole number of ballots 
shown by the enrollment book to have 
been deposited therein, and not other¬ 
wise. If there lawfully be more than one 
ballot box for the reception of ballots 
voted for at any one polling place, no 
ballot found in the -wrong ballot box shall 
be rejected, but shall be counted in the 
same manner as if found in the proper 
box, if such ballots shall not, together 
with the ballots found in the proper bal¬ 
lot box, make a total of more ballots 
than are shown by the enrollment book 
to have been deposited in the proper 
box. The chairman only of the board 
of primary inspectors shall unfold the 
ballots taken from a ballot box. When 
a ballot is not void, and a primary 
election inspector or a duly authorized 
watcher shall, during the canvass of the 
vote, declare his belief that any par¬ 
ticular ballot has been written upon 
or marked in any way for the purpose 
identification, the inspectors shall write 
on the back of such ballot “Protested 
as marked for identification,” and shall 
specify over their signatures upon the 
back thereof the mark or markings upon 
such ballot to which objection is made. 
The votes upon each such ballot shall 
be counted by them as if not so pro¬ 
tested. If any ballots shall be 
rejected as void, the reason for such 
rejection shall be written on the back 
thereof by the chairman of the inspec¬ 
tors, or by an inspector designated by 
him. All ballots rejected as void, and 
all ballots protested as marked for iden¬ 


tification, shall be inclosed in a separate 
sealed package, w r hich shall be indorsed 
on the outside thereof with the names 
of the inspectors, the designation of the 
election district, and the number and 
kind of ballots contained therein. Such 
package shall be filed by the chairman 
of the board of inspectors with the orig¬ 
inal statement of the canvass. A state¬ 
ment of the number of ballots of any 
party protested as marked for identi¬ 
fication, and of the number thereof re¬ 
jected as void, shall be included in each 
of the statements of the result of the 
canvass for such party. If requested by 
any watcher, the inspector shall, during 
the canvass, exhibit any and all ballots 
cast at such primary election to such 
watcher, fully opened and in such con¬ 
dition that he may fully and carefully 
read and examine the same, but such 
inspector shall not allow any such ballot 
to be taken from his hand. 

Sec. 47. Such chapter is hereby 
amended by inserting therein as a part 
of article four-a thereof, a new sec¬ 
tion, to be section eighty-six thereof, to 
read as follow's: ' 

Intent of voters. 

Sec. 86. The following rules shall 
be observed in determining, upon 
the canvass of votes at a pri¬ 
mary election. the intent of the 
voters in marking the official ballots; 
the word “ticket” referring therein to 
any group of candidates for nomination 
to one or more public offices or elec¬ 
tion to one or more party positions or 
both, under the same emblem and circle, 
namely: 

Rule No. 1. If the voter shall have 
made a voting mark in the circle above 
one ticket only, and no other voting 
mark appears in any column, and if no 
name shall have been written in the 
blank column above such lines, he shall 
be deemed to have cast his vote for all 
the candidates on the ticket so marked 
in the circle. 

Rule No. 2. If the voter shall have 
made a voting mark in the circle above 
one ticket only, and shall have also 
made a voting mark or marks in the 
voting space or spaces before the name 
or names of a candidate or candidates 
only on the ticket so marked in the 
circle, the voting marks in the spaces 
before the names of candidates on such 
ticket shall be treated as surplusage, 
and his vote shall be deemed to have 
been cast for all the candidates on the 
ticket so marked in the circle. 

Rule No. 3. If the voter shall have 
made a voting mark in the circle above 
one ticket only, and shall have also made 
a voting mark in the voting space or 
spaces before the name or names of a 
candidate or candidates on one or more 
other tickets, he shall be deemed to 
have cast his vote for all the candidates 
on the ticket so marked in the circle, 
except for those for whom he has indi¬ 
cated his intention not to vote, by mak¬ 
ing a voting mark in the voting space 
before the name or names of individual 
candidates, on one or more other tickets, 
or by wilting a name in the blank col¬ 
umn, and the candidate or candidates 
so individually voted for on such other 
ticket or tickets shall be deemed to be 
the voter’s choice for such other office 
or offices, party position or positions; 
provided, however, that: 

Rule No. 4. When two or more per¬ 
sons are to be voted for for the same 
party position or public office, and the 
names of the several candidates therefor 
are printed under the title of the posi¬ 
tion or office for which all are running, 
and the voter shall have made a voting 
mark in the circle at the head of the 
ticket, and shall have also made a voting 
mark in the voting space before the 
name of one or more of a group of can¬ 
didates for such party position or office 
on other tickets, provided that he shall 
not have marked the names of two or 
more of such candidates upon the same 


line upon the ballot, he shall be deemed 
to have cast his vote for all the candi¬ 
dates for such position or office so indi¬ 
vidually marked and for those in the 
circle, except for those candidates under 
such circles so marked whose names are 
upon the same line on the ballot, as the 
names of the candidates so individually 
marked, or written in the blank column, 
unless in addition to making the voting 
mark in the circle at the head of the 
ticket he shall also have made a voting 
mark before each one of the group of 
candidates for such party position o’* 
office for whom he desires to vote on the 
ticket so marked in the circle; provided 
further, however, that: 

Rule No. 5. When two or more per¬ 
sons are to be voted for for the same 
party position or public office, and the 
names of the several candidates therefor 
are printed on any ticket under the title 
of the party position or office for which 
all are running, and the voter shall have 
made a voting mark in the circle at the 
head of the ticket, and shall also have 
made a voting mark in the voting space 
before the name of more than one of the 
group of candidates for such party posi¬ 
tion or office printed on the same line 
on the ballot on other tickets, or by 
writing the name or names of a candi¬ 
date or candidates in the blank column, 
he must also indicate by voting marks 
in the voting spaces on the ticket so 
marked In the circle the individual can¬ 
didates of the group of candidates on 
such ticket for whom he desires to vote, 
or his vote shall only be counted for the 
candidates for such party positions or 
offices which are so individually marked 
on other tickets, or written in the blank 
column. 

Rule No. 6. If the voter shall have made 
a voting mark in more than one circle at 
the head of the tickets, and if on either 
of such tickets there shall be one or more 
candidates for nomination to office or 
election to party position for which no 
other candidate or candidates is or are 
named on such other ticket or tickets so 
marked in the circle, his vote shall be 
counted for such candidate or candidates. 

Rule No. 7. Subject to the foregoing 
rules if the voter marks more names than 
there are persons to be nominated for an 
office or elected to a party position, or 
if for any other reason it is impossible 
to determine the voter’s choice of a can¬ 
didate for nomination to an office or elec¬ 
tion to a party position, his vote shall 
not be counted for any nomination to 
such office or election to such party posi¬ 
tion but shall be returned as a blank 
vote for such office or party position. 

Rule No. 8. A void ballot is a ballot 
upon which there shall be found any mark 
other than a cross X mark made for the 
purpose of voting, w r hich voting mark 
must be made with a pencil having black 
lead, only in the circles or in the voting 
spaces to the left of the names of candi¬ 
dates; or one upon -which anything is 
written other than the name or names of 
persons not printed upon the ballot, for 
whom the voter desires to vote which 
must be written in the blank column 
under the proper title of the office or 
party position with a pencil having black 
lead; or one which is defaced or .torn 
by the voter; or one upon which there 
shall be found any erasure of any printed 
device, figure, letter or word, or of any 
name or mark -written thereon, by such 
voter; or in which shall be found in¬ 
closed a separate piece of paper or other 
material; and upon such ballot no vote 
for any candidate thereon shall be count¬ 
ed; but no ballot shall be declared void 
because a cross mark thereon is irregular 
in character. 

Sec. 48. Section sixty-one of such chap¬ 
ter, as amended by chapter two hundred 
and forty of the laws of nineteen hundred 
and nine, is hereby renumbered section 
eighty-seven, inserted as a part of article 
four-a thereof, and amended to read as 
follows; 








THE NEW DIRECT PRIMARIES LAW 


17 


Proclamation and utatement of result. 

See. 87. Immediately upon the comple¬ 
tion of such canvass, the board of pri¬ 
mary inspectors in each primary district 
shall make public oral proclamation of 
the result thereof, and shall make upon 
the statement of result sheet for each 
Party a written statement of such re¬ 
sult for each election district in such pri¬ 
mary district, and also a duplicate 
thereof, which shall be known as the du¬ 
plicate statement. Immediately after the 
completion of such statements, such 
board shall file the originals thereof with 
the custodian of primary records, and 
shall file the duplicate statements with 
the clerk of the city, town or village. 

Sec. 49. Section sixty-two of such chap¬ 
ter is hereby renumbered section eighty- 
eight, inserted as a part of article four-a 
thereof, and amended to read as follows: 

Certificates of election) preservation 

of ballot*. 

Sec. 88. At all reasonable times any 
watcher shall have reasonable opportu¬ 
nity to make a transcript of any such 
statement, or any portion thereof, and 
any candidate shall be entitled to receive, 
upon demand, a written statement show¬ 
ing the result of the primary election so 
far as he is concerned. 

After the close of the canvass of the 
votes at official primary elections, the 
ballots cast thereat, except those rejected 
as void or protested as marked for Iden¬ 
tification, shall be replaced in the ballot 
boxes from which they were respectively 
taken, and such ballot boxes shall then 
be securely locked and sealed, and, to¬ 
gether with the box containing the stubs 
shall be returned to the officer from 
whom they were received, who shall 
safely keep the same, subject, however, 
to be produced upon the order of any 
court of record or judge thereof, for not 
less than thirty days after such primary 
election, and until all suits or proceed¬ 
ings before any court or judge touching 
the same shall have been finally deter¬ 
mined, when the ballots and stubs shall 
be removed and, without examination, de¬ 
stroyed. The custodian of primary rec¬ 
ords shall not be required to retain on 
file the enrollment books and other pa¬ 
pers required to be filed with him by 
the board of primary inspectors for a 
period of more than three years unless 
otherwise directed by the district attor¬ 
ney of the county or a judge or justice 
of a court of record. 

Sec. 50. Such chapter is hereby amended 
by inserting therein as a part of article 
four-a a new section, to be known as sec¬ 
tion eighty-nine, to read as follows: 

Csnvaai of statements of result; cer¬ 
tificates of nomination or election. 

Sec. 89. 1. Canvass by custodian of pri¬ 
mary records. The custodian of pri¬ 
mary records shall forthwith proceed to 
canvass the statements of result filed with 
him as provided in this article; and shall 
complete such canvass within one hun¬ 
dred and twenty hours from midnight of 
the day upon which the primary election 
was held. 

He shall canvass separately the votes 
cast In each election district by the en¬ 
rolled voters of the several parties re¬ 
spectively. 

The candidate for a party nomination 
to public office, or for election to a party 
position, to be filled by the voters of a 
territory wholly within an election dis¬ 
trict, ward or town, who has received the 
highest number of votes cast in the pri¬ 
mary election of a party in such election 
district, ward or town, shall be the nomi¬ 
nee of said party for such public office, or 
shall be elected to such party position. 
Said custodian shall forthwith deliver to 
such candidate, if nominated for public 
office, a certificate of nomination, and if 
elected to a party position, a certificate 
•f his election. 

The candidate for a party nomination 
to public office, or for election to a party 
position, to be filled by the voters of a 


district wholly within the jurisdiction of 
a custodian of primary records and 
greater than an election district, ward or 
town, who has received the highest num¬ 
ber of votes cast, in the primary election 
of a party, shall be entitled to receive 
the certificate of nomination of said party 
for the public office, or the certificate of 
election to the party position, for which 
he was designated. The custodian of 
primary records shall forthwith deliver 
to such candidate a certificate of such 
nomination to public office or election to 
party position, as the case may be. 

The custodian of primary records shall 
duly certify to the secretary of Btate a 
statement of the vote cast in the pri¬ 
mary election by the enrolled voters of 
each party, respectively, in each assem¬ 
bly district in the territory within his 
jurisdiction for all candidates for public 
office, or for party position, whose desig¬ 
nations are required by this chapter to 
be filed in the office of the secretary of 
state. Such certificate shall be filed by 
such custodian in the office of the secre¬ 
tary of state within one hundred and 
twenty hours from midnight qf the day 
on which the primary election was held. 

2. The secretary of state shall forth¬ 
with proceed to canvass the certified 
statements so filed with him, and such 
canvass shall be made separately as to 
the candidates of each party. 

The candidate who has the highest 
number of votes shall be entitled to re¬ 
ceive the certificate of nomination of said 
party for the public office, or the certi¬ 
ficate of election to the party position, 
for "which he was designated. The secre¬ 
tary of state shall forthwith transmit to 
such candidate a certificate of such nom¬ 
ination to public office or election to 
party position, as the case may be. 

3. A certificate of nomination or elec¬ 
tion at an official primary of a party duly 
issued as herein provided shall entitle 
the person to whom it is issued, if a can¬ 
didate for public office, to a place on the 
official election ballot as the candidate of 
said party for the office for which he has 
been nominated, and if a candidate for 
party position to membership in the com¬ 
mittee or to a seat in the convention to 
which he is elected. Upon the completion 
of said canvass to be made by the secre¬ 
tary of state, he shall prepare certified 
statements of the result of the primary 
election of each party participating 
therein, and shall make up the rolls of 
the conventions for which delegates were 
elected at such primary election and shall 
promptly mail or deliver the certificate 
containing the names of delegates to the 
state convention to the chairman and sec¬ 
retary of the state committees of the 
respective parties participating in such 
primary election. 

Sec. 51. Such chapter is hereby amend¬ 
ed by inserting therein as a part of ar¬ 
ticle four-a a new section, to be known 
as section ninety, and to read as follows: 

Filling: vacancies and determination 

of tie vote after primaries. 

Sec. 90. A vacancy in a nomination for 
public office made at a primary election 
shall be filled as follows: A vacancy 
caused by the declination, disqualifica¬ 
tion or death of a candidate, or by a tie 
vote, shall be filled by the committee of 
the party authorized by this chapter to 
make designations for such office. Such 
vacancy may be filled by a majority vote 
of a quorum of such committee, except 
that in case of a vacancy caused by a 
tie vote it shall be filled by a two-thirds 
vote thereof. Certificates of such nomina¬ 
tion shall be filed in the office in which 
a designation of a candidate for such 
office is required to be filed. 

Sec. 52. Such chapter is hereby amended 
by inserting therein as a part of article 
four-a a new section, to be section nine¬ 
ty-one, to read as follows: 

Party nominations for special elec¬ 
tions and to iill certain vacancies. 

Sec. 91.. Party nominations to an office 

to be voted for at a special election shall 

• * - - « 


be made in the manner prescribed by the 
rules and regulations of the respective 
parties. A party nomination of a candi¬ 
date for a vacancy in an elective office 
required to be filled at the next general 
election, occurring after the expiration 
of the period provided for the delivery 
by the chairman of a general committee 
to the custodian of primary records of the 
certified statement provided for in sec¬ 
tion seventy-five, shall be filled by a ma¬ 
jority vote of a quorum of the commit¬ 
tee of the party authorized by this chap¬ 
ter to make designations for such office. 

Sec. 53. Section fifty of such chapter is 
hereby renumbered section ninety-two. 
inserted as a part of article four-a, and 
amended to read as follows: 

Unofficial primaries. 

Sec. 92. Notice of all unofficial primary 
elections shall be given in the same man¬ 
ner as in the case of official primary 
elections, except that such notice shall 
be given by the proper party officers and 
shall not be at public expense. Unoffi¬ 
cial primary elections shall be held ia 
such places within the unit of represen¬ 
tation for which the primary election is 
held, as shall be designated by the proper 
political committee, but there shall be 
•tt least one polling place within and for 
each assembly district,. ward or village. 
The chairman and secretary of the po¬ 
litical committee calling an unofficial 
primary election, or under whose direc¬ 
tion such primary election is held, shall 
post and keep posted during the elec¬ 
tion, at or near the entrance to the room 
where the primary election is held, so 
that the same is clearly visible from the 
street, a conspicuous notice calling at¬ 
tention to the place at which the pri¬ 
mary election is being held. Unofficial 
primary elections shall be held at the 
expense of the party holding them, and. 
except as herein otherwise provided, shall 
be subject to the rules and regulations 
of such party. 

There shall be a chairman and secre¬ 
tary for each unofficial primary and there 
may be tellers. No person shall be en¬ 
titled to vote at an unofficial primary 
unless he may be qualified to vote on 
the day of election. 

The chairman may adminster any oath 
required to be administered at any pri¬ 
mary and he shall decide all questions 
that arise relating to the qualification of 
voters when a voter is challenged by any 
elector and shall reject such vote unless 
the person offering the vote is willing 
to be and shall be sworn, that he will 
truly answer all questions put to him 
touching his qualifications as such voter 
and shall state under oath that he is 
qualified to vote at such primary. 

The ballot box used at any primary 
shall be examined by the secretary and 
bt the tellers, if any, in the presence 
of the watchers, if any, before any bal¬ 
lots are received, to see that there are 
no ballots therein. Such watchers are 
entitled to be present from the com¬ 
mencement of the primary to the close 
of the canvass and the signing of the 
certificates thereof. At the close of the 
canvass of the ballots cast for each can¬ 
didate, the secretary shall publicly an¬ 
nounce the vote and the result of the 
canvass. 

No unofficial primary election shall be 
held in a saloon or drinking place, or in 
a room which is more than one flight of 
stairs from the street or not readily ac¬ 
cessible from the street. 

Sec. 54. Such chapter is hereby amend¬ 
ed by inserting therein as a part of ar¬ 
ticle four-a a new section, to be known 
as section ninety-three, and to read as 
follows: 

Penalty for violation. 

Sec. 93. Unless otherwise expressly 
provided in this chapter any person vio¬ 
lating any of the provisions of articles 
two, three, four, four-a and four-b of 
this chapter is guilty of a misdemeanor. 

Sec. 55. Section seventy-four of such 


V 










18 


THE NEW DIRECT PRIMARIES LAW 


chapter is hereby renumbered section 
ninety-four, inserted as a part of article 
four-a thereof, and amended to read as 
follows: 

Perjury. 

Sec. 91. All oaths administered under the 
provisions of the preceding articles of 
this chapter are hereby declared to be 
oaths required by law, and to be neces¬ 
sary for the ends of public justice. 

Sec. 56. Such chapter is hereby amended 
by inserting therein a new article, to be 
article four-b thereof, the schedule of 
which shall read as follows: 


ARTICLE 4-B. 

CONVENTIONS. 

Section 110. Filling vacancy in position 
of delegate to convention 
at official primary. 

111. Apportionment of delegates. 

112. Organization of conventions. 

113. Time of holding state con¬ 

vention; credentials of 
delegates. 

li t. Voting at state convention. 

Sec. 57. Such chapter is hereby amend¬ 
ed by inserting therein as a part of article 
four-b thereof, a new section, to Be sec¬ 
tion one hundred and ten, and to read 
as follows: 

Filling vacancy in position of dele¬ 
gate to convention at official pri¬ 
mary. 

Sec. 110. When a duly elected delegate 
to a convention does not attend such 
convention, his place shall be taken by 
one of the alternates to be substituted 
in his place, in the order in which the 
name of such alternate appears upon the 
certificate, and if no alternates have been 
elected, or do not appear at such conven¬ 
tion, then the delegates present at such 
convention from such unit of representa¬ 
tion shall select a person to fill the va¬ 
cancy. 

Sec. 58. Section sixty-six of such chap¬ 
ter is hereby renumbered section one 
hundred and eleven, inserted as a part 
of article four-b thereof and amended to 
read as follows: 

Apportionment of delegates. 

Sec. 111. 1. Units of representation 

in party conventions, and the num¬ 
ber of delegates for each such 
unit, shall be determined by the 
ruics and regulations of the re¬ 
spective parties. Existing units of rep¬ 
resentation in party conventions, and the 
number of delegates therefrom, shall 
continue until changed by rules adopted 
by the convention of the party desiring 
such change for its conventions. 

2. The delegates and alternates to the 
state convention shall be elected by as¬ 
sembly district conventions. All dele¬ 
gates and alternates to all other conven¬ 
tions shall be elected at the primaries, 
excepting delegates to a national con¬ 
vention, who shall be elected as in this 
chapter provided. 

Sec. 59. Section sixty-seven of such 
chapter is hereby renumbered section one 
hundred and twelve, inserted as a part 
of article four-b thereof and amended 
to read as follows: 

(•r-gnuizatton of convention*. 

2.12. The room designated f.yr *?•« 
meeting place of any convention shall 
have ample seating capacity, for all dele¬ 
gates and alternates. 

Every convention shall be called to or¬ 
der by the chairman of the committee 
with whom the call originates or by a 
person designated in writing for that 
purpose by such chairman, and such 
chairman or person so designated shall 
have the custody of the roll of the con¬ 
vention until it shall have been organ¬ 
ized. No convention shall proceed to the 
election of a temporary chairman or 
transact any business until the time 
fixed for the opening thereof has ar¬ 
rived and at least a majority of the dele¬ 


gates or respective alternates named in 
the official roll shall be present. The 
roll-call upon the election of temporary 
chairman shall not be delayed more than 
one hour after the time specified in the 
call for the opening of the convention, 
provided a majority of the delegates are 
present. The temporary chairman of the 
convention shall be chosen on a call of 
the roll, and as the name of each dele¬ 
gate is called he shall rise in his place 
and declare his choice for such officer. 
The person who calls the convention to 
order shall exercise no other function 
than that of calling the official roll of 
the delegates upon the vote for tempor¬ 
ary chairman and declaring the result 
thereof. The committees of a convention 
shall be appointed by the convention, or 
by the temporary chairman, as the con¬ 
vention may order. Unless the conven¬ 
tion shall otherwise order, the perma¬ 
nent chairman shall be chosen on roll- 
call. 

The permanent officers shall keep the 
records of the convention, and, within 
forty-eight hours after the adjournment 
thereof, shall certify and file the same 
in the office of the secretary of state or 
custodian of primary records. If the 
convention shall have nominated a can¬ 
didate or candidates for public office such 
certificate shall be filed in the same office 
where certificates of such nomination are 
required to be filed. If to elect delegates 
to another convention one duplicate of 
such certificate shall be filed with the 
secretary of state and the other with 
the custodian of primary records for that 
political subdivision. 

Sec. 60. Such chapter is hereby amend¬ 
ed by inserting therein cs a part of ar¬ 
ticle four-b thereof, a new section, to be 
section one hundred and thirteen, and 
to read as follows: 

Time of holding state convention; 

credentials of delegates. 

Sec. 113. The state convention shall not 
be held earlier than seven days after the 
primary election at which the delegates 
thereto were elected. The delegates there¬ 
to certified or adjudicated to have been 
elected as such in the manner provided 
in this chapter shall be conclusively en¬ 
titled to their seats, rights and votes as 
delegates to such convention. 

Sec. 61. Such chapter is hereby amend¬ 
ed by inserting therein, as a part of ar¬ 
ticle four-b thereof, a new section, to 
be section one hundred and fourteen, and 
to read as follows: 

Voting at state convention. 

Sec. 114. When the vote of a state con¬ 
vention is taken upon the nomination of 
candidates for public office or the elec¬ 
tion of delegates or committeemen, the 
roll of the delegates shall be called and 
each delegate when his name is called 
shall arise in his place and announce his 
choice, except that the chairman of a 
delegation may, unless a member of such 
delegation objects, announce the vote of 
his delegation. 

Sec. 62. Sections one hundred and 
twenty-one, one hundred and twenty-two, 
one hundred and twenty-seven, one hun¬ 
dred and twenty-eight, one hundred and 
twenty-nine, one hundred and thirty, one 
hundred and thirty-one, one hundred and 
thirty-three, one hundred and thirty-five, 
one hundred and thirty-six, one hundred j 
and thirty-seven and two hundred and 
ninety-two of such chapter are hereby 
amended to read, respectively, as fol¬ 
low's : 

Party certificate* of nomination. 

Sec. 121. The party certificate whereby 
such party nominations made by a con¬ 
vention are certified shall contain the 
title of the office for which each person 
is nominated, the name and residence 
of each such person, and, if in a city, the 
street number of the residence of such 
candidate and his place of business, if 
any. It shall also designate, in not more 
than five words, the name of the political 
party which the convention, primary or 


committee making such nomination rep¬ 
resents. It shall be signed by the presid¬ 
ing officer and a secretary of such con¬ 
vention or primary, or, if made by a 
committee, by a majority of the members 
thereof, who shall add to their signatures 
their respective places of residence, and 
shall make oath before an officer quali¬ 
fied to take affidavits that the affiants 
were such officers of such convention or 
primary, or that they are members and 
constitute a majority of such committee, 
and that such certificates and the state¬ 
ments therein contained are true to the 
best of their information and belief. A 
certificate that such oath has been ad¬ 
ministered shall be made and signed by. 
the officer before whom the same was; 
taken, and attached to such certificate of 
nomination. When the nomination is 
made by a committee, the certificate of 
nomination shall also contain a copy of 
the resolution passed at the convention 
or primary which authorized such com¬ 
mittee to make such'nomination. A cer¬ 
tificate of nomination filed pursuant to 
this section may upon its face appoint a 
committee of one or more persons for 
the purposes specified in section one 
hundred and thirty-five of this article. 
The records in the office of the custodian 
of primary records or secretary of state 
showing the nomination of a party candi¬ 
date for an office at an official primary 
election shall be equivalent to a certifi¬ 
cate of his nomination. 

Independent nomination*. 

Sec. 122. Nominations made as provided 
by this and the next section shall be 
known as independent nominations, and 
the certificate whereby such nominations 
are made shall be known as an indepen¬ 
dent certificate of nomination. Indepen¬ 
dent nominations of candidates for public 
office to be voted for by all the voters 
of the state can only be made by six 
thousand or more voters of the state; 
provided, however, that in making up 
such number at least fifty voters in each 
county of the state (the counties of Ful¬ 
ton and Hamilton to be considered as 
one county) shall subscribe the certifi¬ 
cate provided for in this and the next 
section. Independent nominations of can¬ 
didates for municipal offices to be voted 
for by all the voters of a municipality 
can only be made if in a city of the 
first class by four thousand voters of such 
city; if in cities of the second class by 
one thousand five hundred voters of such 
city; and in other cities by eight hun¬ 
dred voters thereof. Independent nomi¬ 
nations of candidates for a county office 
in a county in which there is a city of 
the first class can only be made by four 
thousand voters of such county. Inde¬ 
pendent nominations of candidates for 
public office other than municipal offices 
to be voted for in a district less than 
the whole state, but greater than a town 
or ward of a city, can only be made by 
one thousand five hundred voters or 
more of the district, except that eight 
hundred voters or more of an assembly 
district may make such nomintaion for 
member of assembly to be voted for in 
such district. Independent nominations 
of candidates for public office to be voted 
for only by the voters of a town, or a 
ward of a city, or a village, can only be 
made by one hundred voters or more of 
such town, ward or village, except that 
when such town, ward or village consti¬ 
tutes an assembly district, eight hundred 
or more voters' 1 shall be required as 
above to make such nomination for mem¬ 
ber of assembly. 

Places of filing certain certificates of 

nomination. 

Sec. 127. Certificates of nomination of 
candidates for office to be filled by the 
voters of the entire state, or of any divi¬ 
sion or district greater than a county, 
shall be filed with the secretary of state, 
except that each certificate of nomina¬ 
tion of a candidate for member of assem¬ 
bly for the assembly district composing 
the counties of Fulton and Hamilton shall 









THE NEW DIRECT PRIMARIES LAW 


19 


be* filed in the office of the board of elec- I 
tions of Fulton county, and a copy there- j 
of certified by the board of elections of J 
Fulton county shall be filed in the office | 
of the board of elections of Hamilton 
county, so long as the said counties con-, 
stitute one assembly district, and except 
that certificates of nomination of candi¬ 
dates for offices to be filled only by the 
"voters or a portion of the voters of the | 
city of New York shall be filed with the 
board of elections of the city of New 
York. 

Certificates of nomination of candidates 
for offices >to be filled only by the votes 
of voters, part of whom are of New York 
city and part of whom are of a county 
not wholly within the city of New York, 
shall be filed with the board of elections 
of such county and in the office of the 
board of elections of said city. Certifi¬ 
cates of nomination of candidates for 
offices of any other city, to be elected 
at the same time at which a general elec¬ 
tion is held shall be filed with the board 
of elections of the county in which such 
city is located. Certificates of nomina¬ 
tion of candidates for offices of a city, 
village or town to be elected at a dif¬ 
ferent time from a general election shall 
be filed with the clerk of such city, vil¬ 
lage or town, respectively. 

In towns in which town meetings are 
held at the time of general elections, 
certificates of nomination of candidates 
for town offices shall be in duplicate, 
one of which shall be filed with the town 
clerk of the town in which such officers 
are to be voted for, and the other with 
the board of elections of the county in 
which such town is located. All other 
certificates of nomination shall be filed 
with the board of elections in which the 
candidates so nominated are to be voted 
for. 

All filed certificates and corrected cer¬ 
tificates of nomination, all objections to 
such certificates and all declinations of 
nomination are hereby declared to be 
public records; and it shall be the duty 
of every officer or board to exhibit with¬ 
out delay every such paper to any per¬ 
son who shall request to see the same. 
It shall also be the duty of each such 
officer or board to keep a book which 
shall be open to public inspection, in 
which shall be correctly recorded the 
names of all candidates nominated by 
certificates issued by or filed in the office 
of such officer or board or certified there¬ 
to, the title of the office for which any 
such nomination is made, the political 
or other name and emblem of the po¬ 
litical party or independent body making 
such nomination, and in which shall also 
be stated all declinations of nominations 
or objections to nominations, and the 
time of filing each of the said papers. 

Times of fillny certificates of nomina¬ 
tion. 

Sec. 128. Unless otherwise specifically 
provided in this chapter, the different 
certificates of nomination shall be filed 
within the following periods before the 
election for which the nominations are 
made, to wit: Those required to be filed 
with the secretary of state, if party 
nominations, at least thirty and not more 
than forty days; those required to be 
filed with the board of elections and in 
the counties within the city of New 
York, the board of elections of the city 
of New York, if party nominations, 
at least twenty-five and not more than 
thirty-five days; those required to be 
filed with a town or village clerk, 
if party nominations, at least fifteen and 
not more than twenty days; except that 
in towns, where town meetings are held 
at the time of general elections, certifi¬ 
cates of nomination for town officers shall 
be filed with the town clerks and board 
of elections within the time required by 
this section for the filing of certificates 
of nomination with the board of elec¬ 
tions; if independent nominations within 
five days after party nominations for the 
game offices are required to be filed, and 


not earlier than party nominations for 
the same offices can be filed with the 
boards of elections. 

In case of a special election ordered 
by the governor under the provisions of 
section two hundred and ninety-two of 
this chapter, the certificates of nomina¬ 
tion for the office or offices to be filled 
at such special election shall be filed 
with the proper officers or boards not 
less than ten days before such special 
election. 

Certification of nominations by sec¬ 
retary of state. 

Sec. 129. The secretary of state shall, 
fourteen days before the election,or nine 
days before a special election, certify 
to the board of elections of each county, 
and to the board of elections of the city 
of New York, the name, residence and 
place of business, if any, of each candi¬ 
date either nominated in any certificate 
so filed with him, or to whom he has 
issued a certificate, for whom the voters 
of any such county or said city, respec¬ 
tively, may vote, the title of the office 
for which he is nominated, the party 
or other political name specified in such 
certificate, and the emblem or device 
chosen to represent and distinguish the 
candidates of the political party or inde¬ 
pendent body making such nominations. 

Publication of nominations. 

Sec. 130. At least six days before an 
election to fill any public office the board 
of elections of each county, except those 
counties which are wholly within the city 
of New York, shall cause to be published 
in not less than two nor more than four 
newspapers within such county, one • of 
which shall be a daily newspaper, if a 
daily newspaper is published in such 
county, and in any county having one 
hundred thousand or more inhabitants, 
adjoining a city having a population of 
one million or more, in not less than six 
nor more than ten newspapers, a list of 
all nominations of candidates for offices 
other than town offices to be filled at 
such election, certified to such board by 
the secretary of state, or filed with such 
board or certified by such board. The 
board of elections of the city of New 
York shall, within the same time before 
an election to fill any public office, cause 
to be published in two newspapers pub¬ 
lished in each borough within such city 
a list of nominations of candidates for 
office to be voted for at such election in 
such boroughs respectively, which were 
certified to such board by the secretary 
of state, or filed in the office of such 
board, or certified by such board and in 
the borough of Brooklyn the board of 
elections shall cause such publication to 
be made in the newspapers designated as 
corporation newspapers of said borough. 

Such publication shall contain the 
name and residence, and if a city, the 
street number of the residence and place 
of business, if any, and the party or other 
designation of each candidate, and a fac 
simile of the emblems or devices selected 
and designated as prescribed by this 
article, to represent and distinguish the 
candidates of the several political parties 
or independent bodies. The city clerk 
of each city except New York, and the 
board of elections of the city of New 
York, shall at least six days before an 
election of city officers thereof, held at 
a different time from a general election, 
cause lixe publications to be made as 
to candidates for offices to be filled at 
such city election in a like number of 
newspapers published in such city. 

One of such publications shall be made 
in a newspaper which advocates the prin¬ 
ciples of the political party that at the 
last preceding election for governor cast 
the largest number of votes in the state 
for such office; and another of such pub¬ 
lications shall be made in a newspaper 
which advocates the principles of the 
political party that at the last preceding 
election for governor cast the next larg¬ 
est number of votes in the state for such 
office. The officer or board, in selecting 


the papers for such publications, shall 
select those which, according to the beat 
information he can obtain, have a lar&e 
circulation within such county or city. 
In making additional publications, the 
officer or board shall keep in view the 
object of giving information, so far aa 
possible, to the voters of all political 
parties. The officer or board shall make 
such publication twice in each newspaper 
so selected in a county or city in which 
daily newspapers are published; but if 
there be no daily newspaper published 
within the county, one publication only 
shall be made in each of such news¬ 
papers. Should the board of elections or 
other officer find it impracticable to mak* 
the publication six days before election 
day in counties where no daily news¬ 
paper is printed, he shall make the same 
at the earliest possible day thereafter, 
and before the election. . 

Lists for town clerks and aldermen. 

Sec. 131. The board of elections of each 
county, except those counties which an* 
wholly within the city of New York, shall 
at least six days before election dajr 
send to the town clerk of eaoh town, and 
to an alderman of each ward in any citj* 
in the county, at least five and not morn 
than ten printed lists for each election 
district in such town or ward, containing 
the name and residence, and if in a city, 
the street number of residence, and plact* 
of business, if any, of all candidate!* 
whose certificates of nomination hav«* 
been filed with or issued by it or beeoi 
certified to it, and the party or other 
designation, and also a facsimile of th® 
emblem or device of each political party 
or independent body nominating candi¬ 
dates to be voted for by the voters of 
the respective towns and wards. Such 
lists shall at least three days before th® 
day of election be conspicuously posted 
by such town clerk or alderman in ona 
or more public places in each election 
district of such town or ward, one of 
which lists shall be so posted at each 
polling place. 

Declination of nomination. 

Sec. 133. The name of a person nominated 
for an office otherwise than by an official 
primary election, shall not be printed on 
the official ballot if he notifies the board or 
officer with whom the original certificate 
of his nomination is filed, in a writing 
signed by him and duly acknowledged, 
that he declines the nomination, or if 
nominated by more than one political 
party or independent body, the name of 
a person so nominated shall not be 
printed on the ticket of a party or in¬ 
dependent body whose nomination he 
shall in like manner decline. If the 
declination be of a party nomination 
filed with the secretary of state, such 
notification shall be given at least twenty- 
five days, and if an independent nomina¬ 
tion at least twenty days, before the elec¬ 
tion. If the declination be of a party 
nomination filed with a board of elections 
of any county and in the counties within 
the city of New York with the board of 
elections of the city of New York, or 
with the city clerk of any city, such noti¬ 
fication shall be given at least twenty 
days, and if of an independent nomination 
at least eighteen days, before election. 
If the declination be of a party nomina¬ 
tion filed with a town or village clerk, 
such notification shall be given at least 
ten days, and if of an Independent nom¬ 
ination at least seven days before the 
election; except that a declination of 
nomination to a town office in towns 
where town meetings are held at the 
time of general elections, must be filed 
in the office of the board of elections, 
within the time rqulred by this section 
for filing the declination of nomination 
to a county office, and the board of elec¬ 
tions shall forthwith notify the town 
clerk in writing of such declination. 

The board or officer to whom such noti¬ 
fication is given shall forthwith inform, 
by mail or otherwise the commitee, hi 
any, appointed on the face of such certifi¬ 
cate as permitted by sections one hull- 






20 


THE NEW DIRECT PRIMARIES LAW 




dred and twenty-one and one hundred and 
twenty-three of this article, and other¬ 
wise one or more persons whose names 
are attached to such certificate, that the 
nomination conferred by such certificate 
has been declined, and if such declina¬ 
tion be filed with the secretary of state, 
such officer shall also give immediate 
notice by mail or otherwise that such 
nomination lias been declined, to the sev¬ 
eral boards of elections or other officers 
authorized by law to prepare official 
ballots for election districts affected by 
such declination. 

Filling vacancies in nominations. 

See. 135. If a nomination made other¬ 
wise than by an official primary election 
Is duly declined, or the attempt to nom¬ 
inate at a primary results in a tie, or 
a candidate regularly nominated other¬ 
wise than by an official primary election 
dies before election day, or is found to be 
disqualified to hold office for which he 
is nominated, or if any certificate of nom¬ 
ination is found to be defective but not 
wholly void, the committee appointed on 
the face of such certificate of nomination, 
as permitted by sections one hundred 
and twenty-one and one hundred and 
twenty-three of this article, may make a 
new' nomination to fill the vacancy so 
created, or may supply such defect, as 
the case may be, by making and filing 
with the proper officer a certificate set¬ 
ting forth the cause of the vacancy or 
the nature of the defect, the name of the 
new' candidate, the title of the office for 
which he is nominated, the name of the 
original candidate, the name of the po¬ 
litical party or other nominating body 
■which was inscribed on the original cer¬ 
tificate, and such further information as 
is required to be given by an original 
certificate of nomination; except that 
where a certificate is filed pursuant to 
this section to fill a vacancy, it shall 
not be lawful to select a new emblem 
or device, but the emblem or device 
chosen to represent or distinguish the 
candidate nominated by the original cer¬ 
tificate shall be used to represent and 
distinguish the candidate nominated as 
provided by this section. 

Certificates of new nominations. 

Sec. 136. The certificate so made shall 
be subscribed and acknowledged by a 
majority of the members of the commit¬ 
tee, and the members of the committee 
subscribing the same shall make oath be¬ 
fore the officer or officers before whom 
they shall severally acknowledge the exe¬ 
cution of the said certificate that the 
matters therein stated are true to the 
best of their information and belief. Ex¬ 
cept in a case provided for In section one 
hundred and thirty-seven the said certifi¬ 
cate shall be filed In the office in which 
the original certificate was filed, at 
least six days before election, if filed in 
the office of a town or village clerk; at 
least fifteen days before the election, if 
filed with the board of elections of any 
county or the board of elections of the 
city of New York or the city clerk of 
any city; and at least fifteen days if filed 
w'ith the secretary of state; and upon 
being so filed shall have the same force 
•ad effect a* an original certificate of 
.Vrmmatton. When such certificate is 
filed with the secretary of state he shall, 
in certifying the nomination to the va¬ 
rious county clerks and other officers, 
Insert the name of the person who has 
been nominated as prescribed by the pre¬ 
vious section, instead of that of the can¬ 
didate nominated by the original certifi¬ 
cate, or, If he has already sent forward 
his certificate, he shall forthwith certify 
to the proper clerks and other officers 
the name of the person nominated as 
prescribed by the previous section, and 
such other facts as are required to be 
stated in such certificate. 

Death of candidate after printing of 

ballot*; official pasters. 

Sec. 137. In case of the death of a can¬ 
didate after the official ballots have been 


printed, and before election day, the va¬ 
cancy may be filled by filing the proper 
certificate of nomination of a candidate 
to fill such vacancy, with the officer or 
board with whom the original certificate 
was filed, or by whom It was issued, and 
if filed with the secretary of state, the 
secretary of state shall immediately give 
the necessary notifications, and it then 
shall be the duty of the officer or board 
furnishing the official ballots to prepare 
and furnish to the inspectors of election 
in the election districts affected adhesive 
pasters containing the name of the candi¬ 
date nominated to fill the vacancy, and 
the title of the office for which he was 
nominated. The pasters shall be of plain 
white paper, printed in plain black ink 
and in the same kind of type as that used 
in printing the titles of the offices and 
the names of the candidates upon the 
official ballots, and shall be of a size as 
large as and no larger than the space 
occupied upon the official ballot by the 
title of the office and the name of the 
candidate in whose place the candidate 
named upon the paster has been nomin¬ 
ated. If the candidate be one of a group 
of candidates, such official paster shall 
contain the name of the candidate but 
not the title of the office. 

henever such pasters are provided, 
the officer or board furnishing them shall 
certify to the inspectors of election in 
the election districts affected by the va¬ 
cancy, the name of the original candidate, 
the name of the new' nominee, the title 
of the office for which the nomination 
is made, and the name of the political 
party or independent body making the 
nomination, and shall state the number 
of pasters furnished, which number shall 
be equal to the number of official ballots 
furnished for such district. Upon the 
delivery of said pasters, the inspectors of 
election shall sign a receipt for the same, 
which receipt shall be retained by the of¬ 
ficers or board furnishing the pasters, 
and shall be part of the record of his or 
their office. The inspectors shall deliver 
the pasters to the ballot clerks, w’ho are 
required to affix one of such pasters in 
the proper place and in a proper manner 
upon each official ballot before said bal¬ 
lot shall be delivered to a voter. When 
so affixed to the official ballot, the 
pasters shall be part of the official ballot. 
The ballot clerks shall include in their 
statement of ballots a statement showing 
the number of pasters received by them, 
the number of pasters affixed to official 
ballots and the number of unused pasters 
returned by them, the unused pasters to 
be inclosed in the package of ballots not 
delivered to voters. 

The use of any paster upon the official 
ballot otherwise than as herein provided 
is hereby declared a felony, punishable 
by imprisonment in a state prison for not 
less than one nor more than five years. 

Filling vacancies In elective offices. 

Sec. 292. A vacancy occurring before 
October fifteenth of any year in any of¬ 
fice authorized to be filled at a general 
election, shall be filled at the general 
election held next thereafter, unless other¬ 
wise provided by the constitution, or unless 
previously filled at a special election. 
Upon the failure to elect to any office, 
except that of governor or lieutenant- 
governor, at a general or special election, 
at which such office is authorized to be 
filled, or upon the death or disqualifica¬ 
tion of a person elected to office before 
the commencement of bj3 official term, or 
upon the occurrence of a vacancy in any 
elective office which can not be filled by 
appointment for a period extending to or 
beyond the next general ejection at which 
a person may be elected thereto, the 
governor may in his discretion make 
proclamation of a special election to fill 
such office, specifying the district or 
county in which the election is to be held, 
and the day thereof, which shall be not 
less than thirty nor more than forty days 
from the date of the proclamation. 

A special election shall not be held to 


fill a vacancy in the office of a repre¬ 
sentative in congress unless such vacancy 
occurs on or before the first day of July 
of the last year of the term of office, or 
unless it occurs thereafter and a special 
session of congress is called to meet be¬ 
fore the next general election, or be 
called after October fourteenth of such 
year; nor to fill a vacancy in the office 
of state senator, unless the vacancy oc¬ 
curs before the first day of April of the 
last year of the term of office; nor to fill 
a vacancy in the office of a member 
of assembly, unless occurring before the 
first day of April in any year, unless the 
vacancy occurs in either such office cf 
senator or member of assembly after 
such first day of April and a special ses¬ 
sion of the legislature be called to meet 
between such first day of April and the 
next general election or be called after 
October fourteenth in such year. If a 
special election to fill an office shall not 
be held as required by law, the office 
shall be filled at the next general elec¬ 
tion. 

See. 63. Such chapter is hereby amended 
by inserting in article eighteen thereof 
a new section, to be known as section 
four hundred and eighty-nine, to read as 
follows; 

Authority of state superintendent of 

election**. 

Sec. 489. The authority, powers and ju¬ 
risdiction of the state superintendent of 
elections for the metropolitan elections 
district w'ith respect to general elections 
as defined by the provisions of this arti¬ 
cle, are hereby extended to primary elec¬ 
tions, so far as such provisions may be 
applicable; but no deputy superintendent 
of elections appointed under section four 
hundred and seventy-three of this chap¬ 
ter shall attend an official primary elec¬ 
tion except for the purpose of voting. 

Sec. 64. Such chapter is hereby amend¬ 
ed by adding at the end of article twen¬ 
ty a new section, to be known as section 
five hundred and sixty-two, to read as 
follows; 

Party funds not to l»e expended for 

primary purposes*. 

Sec. 562. No contributions of money, or 
the equivalent thereof, made, directly or 
indirectly, to any party, or to any party 
committee or member thereof, or to any 
person representing or acting on behalf 
of a party, or any moneys now in the 
treasury of any party or party commit¬ 
tee, shall be expended in aid of the des¬ 
ignation or nomination of any person to 
be voted for at a primary election, either 
as a candidate for nomination for public 
office, or for any party position; except 
that such funds may be used to pay the 
expenses of holding any meeting of a 
party committee called to designate a 
candidate or candidates for nomination 
for public office in accordance with the 
provisions of this chapter and for the 
purpose of printing and distributing any 
literature regarding such candidates, the 
postage, clerk hire and necessary ex¬ 
penses incident to informing the voters 
regarding such candidate, the holding of 
meetings and other legitimate expenses 
necessarily incurred in promotng the 
canvass of such candidate. 

Sec. 65. Sections three, four, five, 
six. seven, twenty, twenty-four, 
thirty-two, thirty-three, thirty-four, 
thirty-five, forty-five, forty-six, fifty- 
two, fifty-three, fifty-four, fifty-five, 
fifty-six, sixty-three, sixty-four, sixty- 
five. sixty-eight, sixty-nine, seven¬ 
ty, seventy-one, seventy-two, seventy- 
three, ninety, ninety-one, ninety-two, 
ninety-three, ninety-four, ninety-five, 
ninety-six, ninety-seven, ninety-eight, 
ninety-nine, one hundred, one hundred 
and one, one hundred and two, one hun¬ 
dred and three, one hundred and four and 
one hundred and twenty of such chapter, 
are hereby repealed. 

Sec. 66. This act shall take effect No¬ 
vember fifteenth, nineteen hundred and 
eleven. . 











THE NEW DIRECT PRIMARIES LAW 


21 


fTHE DAILY ISSUES 

OP 

THE EAGLE 



THE NEWS 

The six week-day issues of the Brooklyn Eagle rep¬ 
resent the most complete afternoon newspaper pub¬ 
lished in this city. You can find more news—of more 
kinds—in the Daily Eagle than anywhere else. The 
NEWS is what you want FIRST. You get that in the 
Eagle; you also get a great deal more. 

EACH DAY 

in addition to the above, the Eagle has a wide range 
of features. Here is a schedule of some of them: 

MONDAY 


Two pages of sermons. Home dressmaking depart¬ 
ment. “Arabella and I’’ stories. Notes of the Chil¬ 
dren’s Department Clubs. 


TUESDAY 



Review of all the new attractions in Brooklyn play¬ 
houses—Table and Kitchen Notes—Suggestions for 
Club Workers. 

WEDNESDAY 

Kate Upson Clark’s Talk to Women—Junior Eagle puz¬ 
zle solvers’ names—New puzzle club members. 


EVERY DAY 

the Eagle contains special features of interest to men, 
women and children. For instance, here are some de¬ 
partments you will find EVERY DAY: 

PICTURE SECTION I WALKS AND TALKS 

WOMEN’S DEPT. CHILDREN’S DEPT. 

QUESTIONS ANSWERED I FICTION 
SCHOOLS AND COLLEGES 

THURSDAY 

Reports of work done by Fresh Air Club workers— 
Hints for amateur milliners, with special illustration. 

FRIDAY 

The Jewish Review—An article on Beauty and Hygiene 
—Humane Club news, letters from members, new 
members, etc. 

SATURDAY 

News of Churches, both Catholic and Protestant—The 
Industrial Age—The weekly real estate page—Reviews 
of the new books—A special page of Long Island 
news—Paper doll for children—A special story for 
children—News of women’s clubs—Missionary socie¬ 
ties and W. C. T. U.—Table and kitchen notes. 



I-—-1 

NOW IN PREPARATION! 



Get in your advertisements now for the Brook¬ 
lyn Eagle Almanac for 1912. This acknowledged authen¬ 
tic Reference Book will appear about January 10, and, 
as thousands of readers scan its pages daily during the 
year, it goes almost without saying that as an advertising 
medium it has no equal. 

Get In Your Advertisement Order Now. 

4 i 

L—=----——- J 





















22 


THE NEW DIRECT PRIMARIES LAW 


Palms, Vines and Fresh Flowers 

Supplied and Artistically Arranged for Weddings at Reasonable Rates 






FLORAL. 

DECORATIONS 

FOR 

ALL 

OCCASIONS 



PLANTS 

AND 

FLOWERS 

DELIVERED 

ANYWHERE 


Thirty=five Greenhouses 

J. CONDON, HORTICULTURIST 
734 Fifth Avenue 

Branches: Fort Hamilton Parkway, Gravesend Av.,and 291-313 24th St. I 

TCI CDHOVCC77 Q n ..Oi_777 Cniith 




TELEPHONES27 South—727 South. 

PLOTS IN GREENWOOD CEMETERY IMPROVED AND CARED FOR. 


STEP LIVELY 

CORN PLASTER 

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If YOU have tried the “best” remedies and 
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A WILLING MIND MAKES A LIGHT FOOT 

Order by the name —STEP LIVELY 

= j 4 PLASTERS 15 CENTS |e=EEE 

MANUFACTURED BY 

CHARLES BAUER 

LABORATORIES: Hempstead, N. Y., U. S. A. 





























THE NEW DIRECT PRIMARIES LAW 23 



Hair Dressing Manicuring 




\ /$/ 

MRS. TYLER MILLER 



Importer and Manufacturer of 



FINE HAIR GOODS 



New Method Shampooing Scalp Treatment 



80 Fleet Street 



Second Door from Fulton Opposite Loeser’s 

TalankAHA C* «I1 1 lift 



l eiepnone call idly Main 


The Clinton Street Baths, 

32-34 CLINTON ST. Telephone 1829 Main. 

TURKISH, RUSSIAN and ELECTRIC BATHS 

Always open for gentlemen, with private sleeping rooms. Ladies’ bath from 9 A.M. 
to 9 P.M., except Sundays and Holidays. 

THE LADIES’ DEPARTMENT has recently been finely decorated and greatly im¬ 
proved, and with its present elegant appointments and unrivaled equipment we hope to make 
it worthy of its refined and growing patronage. 

Special courtesy extended to bathers for the first time. 

Skilled manicurist and chiropodist in attendance. 




SULLIVAN CIGAR CO. 

Successors to P.* J. SULLIVAN 

Manufacturers of Fine Cigars 

The Famous “El Vandoma,” 10 cent and 15 cent Cigar 


Established 1861 


UNION MADE 


Phone 1145 Main 


218 Fulton Street, Brooklyn, N. Y. 



PUBLICITY 

Is what you need all the time if you claim to be a business 
man. Put a little money into the 1912 Eagle Almanac. 
You will get considerable publicity because of such in¬ 
vestment. The advertising pages of this Almanac are 
rapidly filling. Drop a postal to The Brooklyn Daily 
Eagle office right now. Don’t wait. 





























24 


THE NEW DIRECT PRIMARIES LAW 


CH AS.STREBEL & SONS 



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Architectural 

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Shutters, Railings, Vault Lights, Window Guards, Etc. 

Steel Beams, Columns, Girders, Doors, Fire Escapes. 

ALL SIZES ANCHORS AND BRIDLE IRONS CONSTANTLY ON HAND 

AND F WORKS : 1732=1734=1736 MYRTLE AYE., 


IF THE BABY IS CUTTING TEETH 


Be sure and use that old and well-tried remedy, 

MRS. WINSLOW’S 



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remedy for diarrhoea. 

Twenty-live Cents a Bottle. 

Sold All Over the .World. 



G.P. BRUSH JR.&.BRO. 






































T5he 

Brooklyn Daily Eagle 

is the Great, Loyal Home 
Paper of Brooklyn Borough 


Each Day THE EAGLE 

Contains SPECIAL Features 


Your Newsdealer will serve 
the EAGLE at your residence 


PRICE, 3 CENTS PER COPY 


Remember this Paper is 70 years young and stands 
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